(A) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. In the absence of convincing evidence such as a birth certificate or driver’s license, a police officer on the street shall, in the first instance, use his or her best judgment in determining age. The officer shall not issue a citation or take a minor into custody under this section unless the officer reasonably believes that an offense has occurred and that, based on the minor’s response and other circumstances, no defense in § 132.04 of this chapter is present.
(B) A peace officer may take a minor into custody for violation of this chapter pursuant to Iowa Code § 232.19 for the limited purpose of detaining the minor until he or she can be reunited with the minor’s family or guardian or other responsible adult or if the peace officer has probable cause to believe that the minor has committed a delinquent act which if committed by an adult would constitute a public offense. A peace officer who takes a minor into custody shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody. A minor shall not be placed in detention following a curfew violation.
(C) After a minor is taken into custody, the peace officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the minor in court at such time as the court may direct.
(D) If a peace officer determines that a minor does not have adult supervision because the peace officer cannot locate the minor’s parent, guardian or other person legally responsible for the care of the minor within a reasonable period of time, the peace officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the minor or another adult person who is known to the minor.
(2011 Code, § 11.0351.5)