Employer in non-compliance with state law?

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    Employer in non-compliance with state law?

    what is the definition of "a private secure facility" as stated under Indiana Code 34-28-7


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    I found a definition although it comes from "INDIANA’S JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 2002" so I do not know if this is the same definition that was adopted by Indiana Code 34-28-7

    6. 465 IAC 2-9-22 “Private secure facility” defined
    (a) As used in this rule, private secure facility means a locked living unit of an
    institution for gravely disabled children with chronic behavior that harms
    themselves or others. (b) Locked detention or locked isolation rooms do not
    constitute a private secure facility.

    On the Indiana government website, I found this:
    Child-Caring Institution:
    A children’s home, i.e., means an orphanage, an institution, a shelter care facility, a private secure facility, or other place maintained or conducted by any group of individuals or political subdivision engaged in:
    • receiving and caring for dependent children, children in need of services; or
    • operating for gain a private business of boarding children who are unattended by a parent/guardian/custodian.

    Based on these definitions it appears it refers to a type of location with children involved.
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    Also you may want to read this:
    http://www.littler.com/files/press/pdf/2010_03_Midwest_IN_Employers_GunsInLockedCarsr.pdf

    Here is an excerpt - "The new statute references the IAC’s provisions excluding weapons from such facilities, but does not adopt
    the IAC’s descriptive definitions of the institutions themselves, leaving ambiguity and room for litigation about what institutions will qualify as “child care centers,” “group homes” or “private secure facilities” for purposes of this legislation"
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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