Rule 215 – Adjudicatory hearing. (30 days*)

May 15, 2021 | Delaware, Family Law

(a) An Adjudicatory Hearing shall be held within thirty (30) days of the conclusion of the Preliminary Protective Hearing.

(b) The parties may agree to continued custody of the child with DSCYF so long as all parties knowingly and voluntarily enter into the agreement, and consent to the findings required by 13 Del. C. § 2512(b). The ground(s) for these findings shall be stated on the record and documented in the Court’s written Order.

(c) If the Court finds the elements of 13 Del. C. § 2512(b) are established, the Court shall enter an order which grants or continues custody of the child to DSCYF, and complies with Rule 210.

(d) If the Court finds that the elements of 13 Del. C. §2512(b) are not established, the petition shall be dismissed and the child returned to a custodial arrangement in a time and manner determined by the Court to be reasonable and in the best interests of the child.

(e) If the Court finds that the elements of 13 Del. C. §2512(b) have been established with respect to only one parent, the Court may rescind custody to the fit parent in a custodial arrangement and in a time and manner as determined by the Court to be reasonable and in the best interest of the child.

(f) If the Court finds that the elements of 13 Del. C. § 2512(b) have been established, the Court shall establish or modify the nature and extent, if any, of visitation, contact, or sharing of information between the parent and the child in accordance with 13 Del. C. 2512(c).

(g) If the Court continues custody with DSCYF and a parent desires reunification with the child, the Court shall order DSCYF to prepare a case plan for the child and the parent. The case plan shall be presented at the Dispositional Hearing and shall contain a statement of the proposed permanency plan for the child.

Del. Fam. Ct. R. Civ. P. 215

Re-numbered and amended January 28, 2015, eff. April 20, 2015.

*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.