Rule 209.Contrary to the child’s welfare

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 209 requires a written finding, in the first order removing a child, that staying home would be contrary to the child's welfare or that placement is in the child's best interests.

Full Text of Rule 209

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At the time of the entry of the first order which removes the child from the home, the Court shall make a written determination whether continuation in the home would be contrary to the welfare of the child or that placement would be in the best interests 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.

[Adopted effective April 20, 2015.]

Plain-English Summary

At the time of the entry of the first order which removes the child from the home, the court shall make a written determination whether continuation in the home would be contrary to the welfare of the child, or that placement would be in the child's best interests.

Three features are worth drawing out. It is written, so the reason exists on paper rather than in anyone's recollection. It is made at the time of the first order, not later — a finding of this kind cannot be supplied retrospectively once the child has already been moved. And it is about the home: the question is not whether the State has a better plan, but whether staying would be contrary to the child's welfare.

Removing a child from their family is the most drastic thing this court does. The rule makes the court say, in writing and at the moment it acts, why.

Frequently Asked Questions

What finding must a Delaware court make when a child is removed?

At the entry of the first order removing the child from the home, a written determination whether continuation in the home would be contrary to the welfare of the child, or that placement would be in the best interests 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. 209), 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: contrary to the welfare finding Delawarechild removal finding DelawareFam. Ct. Civ. R. 209