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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

In one sentenceRule 207 requires someone — an attorney or a CASA — to represent the child's best interests, and allows a separate attorney for what the child wants.

Full Text of Rule 207

Text sizeJump to: (a) (b)

(a) The Court shall appoint an attorney authorized to practice law in this state or a Court Appointed Special Advocate (“CASA”) to represent the best interests of the child.
(b) The Court may appoint an attorney authorized to practice law in this state to represent the wishes of the child.
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 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.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 207), 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: guardian ad litem Delaware childCASA Delaware Family Courtattorney for the child DelawareFam. Ct. Civ. R. 207