Any attendance officer may arrest without warrant anywhere within the state any Indian child between six and sixteen years of age, found away from his home and who is then a truant from instruction upon which he is lawfully required to attend within the districts of which such attendance officer has jurisdiction. He shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the teacher of the school from which said child is then a truant, or in case of habitual truants, shall bring them before a magistrate for commitment to a school for delinquents, as provided in section forty-one hundred twelve of this article.
N.Y. Educ. Law § 4111