Rule 204.Commencement of action

Ch. XIV: Child Dependency, Neglect and/or Abuse Proceedings · Last amended 2015 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 204 lets a DSCYF custody case begin three ways — a verified petition, a verbal emergency request, or the court's own order — with the paperwork due by noon the next business day in the last two.

Full Text of Rule 204

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(a) DSCYF custody proceedings shall be commenced by:

(1) DSCYF filing in this Court a written petition setting forth the facts verified by affidavit in accordance with 13 Del. C., Ch. 25;

(2) A verbal request by DSCYF for an emergency ex parte Order for custody of a child verified by verbal affidavit in accordance with 13 Del. C. § 2512. DSCYF shall thereafter file a petition and verified affidavit with the Court by noon the following business day; or

(3) The Court, by written or verbal order, sua sponte grants custody of a child to DSCYF as a result of another proceeding in this Court. Upon the entry of the sua sponte order, DSCYF shall be notified of the Court's action and DSCYF shall thereafter file a petition and verified affidavit with the Court by noon the following business day.

(b) A copy of the petition shall be served upon the respondent(s) pursuant to Rule 4.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Formerly Rule 205 amended September 12, 2002. Renumbered Rule 204 and amended effective April 20, 2015.]

Plain-English Summary

By petition. DSCYF files a written petition setting out the facts, verified by affidavit, under the statute the rule cites. That is the ordinary route.

By verbal request. DSCYF may ask verbally for an emergency ex parte custody order, verified by verbal affidavit under the emergency statute. A child in immediate danger cannot wait for a document, so the rule lets the sworn account be given aloud — and then requires the petition and verified affidavit to be filed by noon the following business day.

By the court's own order. The court may, by written or verbal order, grant custody of a child to DSCYF on its own as a result of another proceeding before it — a judge hearing something else may learn of a child at risk and act. DSCYF is notified and must likewise file the petition and verified affidavit by noon the following business day.

The pattern across all three is worth naming: urgency may excuse the paperwork, but only briefly, and the deadline is a clock hour rather than a number of days. Whatever was said aloud must be written down and sworn to at once, because everything that follows in this chapter is measured against it.

Service. A copy of the petition is served on the respondents under Rule 4.

Frequently Asked Questions

How does a DSCYF custody case start in Delaware?

By DSCYF filing a written petition verified by affidavit, by a verbal DSCYF request for an emergency ex parte custody order verified by verbal affidavit, or by the court granting custody to DSCYF on its own as a result of another proceeding.

What happens after an emergency verbal order?

DSCYF shall file a petition and verified affidavit with the court by noon the following business day.

Is the petition served on the parents?

Yes. A copy of the petition shall be served upon the respondents pursuant to Rule 4.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 204), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: DSCYF petition Delawareemergency ex parte custody DSCYFstart dependency case DelawareFam. Ct. Civ. R. 204