Rule 205.Notice to parents of right to counsel

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 205 requires a parent to be told in writing, when served, that they may apply for appointed counsel — and puts that notice into the publication where personal service fails.

Full Text of Rule 205

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(a) At the time of service of process on a parent by personal service, the parent shall be notified in writing that if the parent is unable to afford counsel and wishes to have counsel represent him/her in this action, the parent shall complete an application for the appointment of counsel. Upon receipt of the parent's application, the Court shall determine if the parent qualifies for court appointed counsel.

(b) In the event that a parent cannot be personally served with a copy of the summons, complaint, and application for the appointment of counsel, then notice of the application for the appointment of counsel, in a form approved by the Court, shall be included in the notice used for publication to complete service of process on the parent.

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 206 amended September 12, 2002. Renumbered Rule 205 and amended effective April 20, 2015.]

Plain-English Summary

At service. When a parent is personally served, they must be notified in writing that if they cannot afford counsel and want to be represented, they should complete an application for the appointment of counsel. On receiving it, the court determines whether they qualify.

The timing is the whole point. A parent learns that the State is seeking custody of their child and, in the same envelope, learns that a lawyer may be appointed for them. A right nobody tells you about at the moment you need it is not much of a right.

When service fails. Where a parent cannot be personally served with the summons, complaint and application for appointment of counsel, notice of the application — in a form the court approves — must be included in the publication notice used to complete service.

So the offer of counsel follows service wherever service goes. A parent who is found only through a newspaper still reads that they may ask for a lawyer, which is the least likely place for the point to have been remembered and the place it matters most.

Frequently Asked Questions

Am I told about free counsel in a Delaware dependency case?

Yes. At the time of personal service a parent must be notified in writing that if they are unable to afford counsel and wish to be represented, they should complete an application for the appointment of counsel.

What if a parent cannot be personally served?

Notice of the application for the appointment of counsel, in a form approved by the court, must be included in the notice used for publication to complete service of process.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 205), 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: right to counsel dependency Delawareappointed counsel parent DSCYF caseFam. Ct. Civ. R. 205