(A) A law enforcement officer may not detain a child or take a child into custody based on a violation of this subchapter 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 subchapter; and
(2) There is no legal defense to the violation.
(B) A child who commits a curfew violation under this subchapter is subject to enforcement procedures provided in I.C. 36-1-6 and 34-28-5. The first complaint filed against a child for a violation of this subchapter 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 subchapter 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.