Rule 216 – Dispositional Hearing. (70 days*)

May 15, 2021 | Delaware, Family Law

(a) A Dispositional Hearing shall be held within seventy (70) days of the physical or constructive removal of the child from the home.

(b) With the consent of the parties, a Dispositional Hearing may be conducted immediately following the Adjudicatory Hearing.

(c) At the Dispositional Hearing, the Court shall establish a permanency plan for the child. Concurrent permanency plans may also be implemented when appropriate. The permanency plans available to the child are:

(1) reunification with a parent

(2) adoption

(3) guardianship

(4) permanent guardianship

(5) placement in Another Planned Permanent Living Arrangement (“APPLA”) where DSCYF has documented to the Court a compelling reason why every other permanency goal is not in the child’s best interest.

(d) If the proposed permanency plan is reunification with a parent, a case plan shall be developed by DSCYF, in consultation with all parties. The case plan shall be submitted to the Court and the parties five (5) days prior to the Dispositional Hearing.

(e) If the proposed permanency plan is not reunification with a parent, a motion shall be filed pursuant to Rule 213.

Del. Fam. Ct. R. Civ. P. 216

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.