Rule 210 – Determination of Reasonable Efforts

May 15, 2021 | Delaware, Family Law

(a) The Court shall make a written determination within sixty (60) days from the date the child is removed from the home whether reasonable efforts were made to maintain the family unit and prevent the unnecessary removal of the child from his or her home.

(b) The Court shall make a written determination at the Preliminary Protective Hearing, and at such other times as the Court deems appropriate, whether DSCYF has used reasonable efforts to place siblings together, unless DSCYF documents that such joint placement would be contrary to the safety or well-being of any of the siblings;

(c) The Court shall make a written determination at regularly scheduled hearings, whether DSCYF has used reasonable efforts to effect the safe reunification of the child and family and to provide for frequent visitation or other ongoing interaction between siblings, unless DSCYF documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.

(d) The Court shall make a written determination whether DSCYF has used reasonable efforts to make and finalize the permanency plan in effect no later than twelve (12) months from the time the child “enters foster care”, unless there has been a judicial determination that DSCYF is not required to offer reunification services to the parent(s). A similar determination shall be made every twelve (12) months thereafter. For the purposes of these rules, the date a child has “entered foster care” shall mean the earlier of:

(1) A judicial finding in an adjudicatory order that the child is dependent, neglected or abused; or

(2) Sixty (60) days after DSCYF is granted custody and the court orders physical or constructive removal of the child from his or her parent or relative.

Del. Fam. Ct. R. Civ. P. 210

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