Rule 206.Appointment of counsel for the parent

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 206 lets the court appoint counsel for an indigent parent at the initial appearance, weighing what is at stake and the risk of getting it wrong, and requires any waiver to be recorded.

Full Text of Rule 206

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(a) A parent, determined by the Court to be indigent, may have counsel appointed by the Court during the parent's initial appearance on a petition, or at such other time as deemed appropriate by the Court.

(b) In considering the appointment of counsel, the Court shall consider: the degree to which the loss of parental rights are at stake; the risk of an erroneous deprivation of those rights through the dependency proceedings; and the interest of DSCYF as to the ultimate resolution.

(c) In the event a parent is entitled to appointment of counsel and declines court appointed counsel, such waiver shall be noted on the record or in the Court's Order.

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

Plain-English Summary

When. A parent the court determines to be indigent may have counsel appointed during the parent's initial appearance on a petition, or at another time the court thinks appropriate. Appointment at the first appearance is the norm because that is when the case is shaped.

What the court weighs. Three considerations: the degree to which the loss of parental rights is at stake; the risk that the dependency proceedings will wrongly deprive the parent of those rights; and DSCYF's interest in the ultimate resolution.

Those are the classic due-process factors, applied to the most severe civil consequence the law imposes. The middle one deserves a moment: it asks how likely an unrepresented parent is to lose a case they should have won. In a proceeding where the other side is a State agency with lawyers and a file, the honest answer usually supports appointment.

Declining. Where a parent entitled to appointed counsel declines it, the waiver must be noted on the record or in the court's order. A parent may go without a lawyer, but not silently — anyone reading the file later can see that the choice was made and when.

Frequently Asked Questions

Can a parent get a free lawyer in a Delaware dependency case?

A parent determined by the court to be indigent may have counsel appointed during the parent's initial appearance on a petition, or at such other time as the court deems appropriate.

What does the court consider in appointing counsel?

The degree to which the loss of parental rights is at stake, the risk of an erroneous deprivation of those rights through the dependency proceedings, and the interest of DSCYF as to the ultimate resolution.

What if a parent does not want appointed counsel?

Where a parent entitled to appointment of counsel declines it, the waiver shall be noted on the record or in the court's order.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 206), 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: appointment of counsel parent Delaware dependencyindigent parent lawyer DSCYFFam. Ct. Civ. R. 206