Rule 212 – Emergency Removal of a Child

May 15, 2021 | Delaware, Family Law

(a) When emergency removal of a child from the home is sought by DSCYF during court operating hours, after considering the petition and affidavit, a Judge shall order physical or constructive removal of the child from the parent or specified relative and emergency temporary custody to DSCYF, pursuant to 13 Del. C. § 2512.

(b) When emergency removal of a child from the home is sought by DSCYF outside court operating hours, DSCYF shall contact the designated on-call Judge and a Judge shall verbally order physical or constructive removal of the child from the parent or specified relative and emergency temporary custody to DSCYF, pursuant to 13 Del. C. § 2512. The Court shall thereafter issue a written Order as soon as practical.

(c) When emergency removal of a child from the home is requested, DSCYF shall file a petition and affidavit with the Court no later than noon of the following business day. The Court shall schedule the DSCYF petition as determined appropriate for either a Preliminary Protective Hearing within ten (10) days of the filing, or an Adjudicatory Hearing within thirty (30) days of the filing.

Del. Fam. Ct. R. Civ. P. 212

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