Rule 225 – Emergency Removal of a Child

May 15, 2021 | Delaware, Family Law

When emergency removal of a child from the home or other emergency relief is sought during normal Court operating hours, relief may be awarded subject to the requirements of Family Court Civil Rule 65.2. In all cases in which a party other than the Department of Services for Children Youth and their Families (DSCYF) seeks ex parte removal of a child, the Court shall examine the Delaware criminal history of the parties prior to granting custody or guardianship, and may review a summary of the parties’ history provided from the Division of Family Services, including substance abuse and mental health records. The Court’s Order shall reflect the nature of the information obtained from the summary and the current DSCYF social worker assigned to the family, if applicable. The Court may require the appearance of the DSCYF social worker at trial. The Court’s review of information provided by the Division of Family Services is for ex parte purposes only and is not a determination of admissibility of such information at a subsequent hearing.

Del. Fam. Ct. R. Civ. P. 225

Amended June 14, 2020, effective September 1, 2020.