Rule 212. Emergency removal of a child [Effective until Jan. 5, 2026]

(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. History. Amended Jan. 28, 2015, effective Apr. 20, 2015. Rule 212. Emergency removal of a child [Effective Jan. 5, 2026].

(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 entry of the ex parte order or within ten (10) days of the filling of the petition if an ex parte order is not entered but the Court finds that priority scheduling is warranted, or an Adjudicatory Hearing within thirty (30) days of the filing. History. Amended Jan. 28, 2015, effective Apr. 20, 2015; June 23, 2025, effective Jan. 5, 2026.