(A) A law enforcement officer may not detain a child or take a child into custody based on a violation of this chapter unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) The child has violated this chapter; and
(2) There is no legal defense to the violation.
(B) A child who commits a curfew violation under this chapter is subject to enforcement procedures provided in I.C. 36-1-6 and I.C. 34-28-5. The first complaint filed against a child for a violation of this chapter shall be filed in Town Court and the town shall direct a copy of the complaint to the child’s parent, guardian or custodian, if such person is known or can be identified by reasonable inquiry. All subsequent complaints against the same child for a violation of this chapter shall be directed to the County Circuit Court and the town shall direct a copy of the complaint to the child’s parent, guardian or custodian, if such person is known or can be identified by reasonable inquiry.