Rule 207.Appointment of Guardian ad Litem, Court Appointed Special Advocate, or counsel for the child
Ch. XIV: Child Dependency, Neglect and/or Abuse Proceedings · Last amended 2015 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 207
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 204 adopted September 12, 2002. Renumbered Rule 207 and amended effective April 20, 2015.]
Plain-English Summary
Best interests: mandatory. The court shall appoint an attorney authorised to practise law in this State, or a Court Appointed Special Advocate, to represent the best interests of the child. Not may — shall. No child goes through one of these cases unrepresented.
Allowing a CASA as the alternative is a deliberate widening. A trained volunteer advocate can spend time with a child that a caseload of hearings does not allow, and for a young child that presence is often worth more than a further lawyer.
Wishes: discretionary. The court may also appoint an attorney to represent the wishes of the child.
The distinction between the two appointments is the heart of the rule, and it is not a technicality. A representative of best interests advocates for what the adult judges good for the child; an attorney for the child's wishes says what the child actually wants. Those diverge often — a child usually wants to go home. When they diverge sharply enough to matter, the court can put both positions before itself.
Frequently Asked Questions
Does a child have a lawyer in a Delaware dependency case?
The court shall appoint an attorney authorised to practise law in this State, or a Court Appointed Special Advocate, to represent the best interests of the child.
What is the difference between a best interests advocate and the child's attorney?
The mandatory appointment represents the child's best interests. The court may also appoint an attorney to represent the wishes of the child.