# Ind. Code § 31-40-1-2: Obligation of parent, guardian, or department for costs of services or return of child

> Indiana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-2

## Section

- **Citation:** Ind. Code § 31-40-1-2
- **Heading:** Obligation of parent, guardian, or department for costs of services or return of child
- **Jurisdiction:** Indiana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Code / Title 31 / Article 40 / Chapter 1 / Section 31-40-1-2

## Text

Sec. 2. (a) Except as otherwise provided in this section and subject to:

(1) this chapter; and

(2) any other provisions of IC 31-34, IC 31-37, or other applicable law relating to the particular program, activity, or service for which payment is made by or through the department;

the department shall pay the cost of any child services provided by or through the department for any child or the child's parent, guardian, or custodian.

(b) The department shall pay the cost of returning a child under IC 31-37-23 or IC 11-13-4.5-1.5.

(c) Except as provided under section 2.5 of this chapter, the department is not responsible for payment of any costs of secure detention.

(d) The department is not responsible for the payment of any costs or expenses for child services for a child placed in a child caring institution, a group home, or a private secure facility if the entity does not have an executed contract with the department, unless the child services to be provided by the entity are recommended or approved by the director of the department or the director's designee in writing prior to the placement.

(e) The department is not responsible for payment of any costs or expenses for housing or services provided to or for the benefit of a child placed by a juvenile court in a home or facility located outside Indiana, if the placement is not recommended or approved by the director of the department or the director's designee.

(f) If a county is responsible for the payment of:

(1) any costs or expenses of services for or the placement of a child in need of services; or

(2) the costs or expenses of services for or the placement of a delinquent child;

the court may order the parents to reimburse the county as set forth in section 3.8 of this chapter.

[Pre-1997 Recodification Citation: 31-6-4-18(b), (e) part.]

As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999, SEC.119; P.L.146-2008, SEC.665; P.L.182-2009(ss), SEC.387; P.L.204-2011, SEC.3; P.L.48-2012, SEC.75.

## Nearby sections

- [Ind. Code § 31-40-1-0.2 Application of certain amendments to prior law](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-0.2.md)
- [Ind. Code § 31-40-1-1 Application of article](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-1.md)
- [Ind. Code § 31-40-1-1.5 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-1.5.md)
- [Ind. Code § 31-40-1-1.7 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-1.7.md)
- [Ind. Code § 31-40-1-2 Obligation of parent, guardian, or department for costs of services or return of child](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-2.md)
- [Ind. Code § 31-40-1-2.5 Payment of cost for certain services; department agreement with probation office](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-2.5.md)
- [Ind. Code § 31-40-1-3 Payment by parent or guardian for cost of services provided by or through department of child services; presumption of indigency](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-3.md)
- [Ind. Code § 31-40-1-3.5 Payment by parent or guardian for cost of services provided by department of correction](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-3.5.md)
- [Ind. Code § 31-40-1-3.8 Parental reimbursement for services provided by a county](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-3.8.md)
- [Ind. Code § 31-40-1-4 Obligation of parent or guardian for costs of returning child to Indiana under interstate compact on juveniles](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-4.md)
- [Ind. Code § 31-40-1-5 Obligation of parent or guardian for costs of placement; remittance of support payments; enforcement](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-5.md)
- [Ind. Code § 31-40-1-6 Contracts for enforcement and collection of parental reimbursement obligations](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-6.md)
- [Ind. Code § 31-40-1-7 Distribution of payments](https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-7.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T31_A40_C1_S31-40-1-2. Check the current official text before relying on it. Not legal advice.
