                                 CODE OF VIRGINIA

LAW-ENFORCEMENT OFFICERS AND TRUANT CHILDREN (§ 22.1-266)

A. Notwithstanding the provisions of &#xA7; 16.1-246, any law-enforcement
officer as defined in &#xA7; 9.1-101 or any attendance officer may pick up any
child who (i) is reported to be truant from a public school by a school
principal or division superintendent or (ii) the law-enforcement officer or
attendance officer reasonably determines to be a public school student and by
reason of the child&#8217;s age and circumstances is either truant from public
school or has been expelled from school and has been required to attend an
alternative education program pursuant to &#xA7; 22.1-254 or &#xA7;
22.1-277.2:1, and may deliver such child to the appropriate public school,
alternative education program, or truancy center and personnel thereof without
charging the parent or guardian of such child with a violation of any provision
of law.

B. Any such law-enforcement officer or attendance officer shall not be liable
for any civil damages for any acts or omissions resulting from picking up or
delivering a public school child as provided in subsection A when such acts or
omissions are within the scope of the employment of such law-enforcement officer
or attendance officer and are taken in good faith, unless such acts or omissions
were the result of gross negligence or willful misconduct. This subsection shall
not be construed to limit, withdraw or overturn any defense or immunity already
existing in statutory or common law or to affect any claim occurring prior to
the effective date of this law.

C. For the purposes of this section, &#8220;truancy center&#8221; means a
facility or site operated by a school division, sometimes jointly with the local
law-enforcement agency, and designated for receiving children who have been
retrieved by a law-enforcement officer or attendance officer for truancy from
school.

HISTORY: Code 1950, § 22-275.11:1; 1976, c. 692; 1978, c. 215; 1980, c. 559;
1999, cc. 395, 1023; 2001, cc. 688, 820.