Rule 213.Motion to change legal custody or permanency plan; aggravated circumstances; motions in general
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 213 requires 15 days' notice by motion for a change of legal custody or permanency plan, for aggravated circumstances — which must be proved by clear and convincing evidence — and for motions generally.
(a)Whenever a party seeks a change in legal custody pursuant to 13 Del. C. § 2513, the party shall file a motion notifying the Court and all parties at least fifteen (15) days prior to the next scheduled hearing, except where good cause is shown why such notice could not be timely filed. The motion shall state the basis for such change in legal custody.
(b)Whenever a party seeks a change in the permanency plan established under Rule 216, the party shall file a motion notifying the Court and all parties at least fifteen (15) days prior to the next scheduled hearing, except where good cause is shown why such notice could not be timely filed. The motion shall state the basis for such change in the permanency plan.
(c)Whenever a party seeks a permanency plan other than reunification with a parent due to aggravating circumstances as set forth in 13 Del. C. § 1103(d), the party shall file a motion notifying the Court and all parties at least fifteen (15) days prior to the next scheduled hearing, except where good cause is shown why such notice could not be timely filed. The motion shall state the applicable aggravating circumstance and shall request that DSCYF be relieved of any obligation to pursue a permanency plan of reunification with a parent. When considering this motion, the burden of proof shall be clear and convincing evidence.
(d)All other motions shall be filed at least fifteen (15) days prior to the next scheduled court hearing, unless good cause is shown.
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 211 adopted September 12, 2002. Renumbered Rule 213 and amended effective April 20, 2015.]
Plain-English Summary
One interval runs through this rule: a motion goes in at least 15 days before the next scheduled hearing, unless good cause is shown why it could not be filed in time.
Legal custody. A party seeking a change in legal custody under the statute files a motion notifying the court and all parties, stating the basis for the change.
The permanency plan. A party seeking a change in the plan established under Rule 216 does the same, stating the basis for the change. Since the plan is the answer to where this child's life is heading, nobody should meet a proposal to change it for the first time in the courtroom.
Aggravated circumstances. A party seeking a permanency plan other than reunification because of the aggravating circumstances the statute defines files a motion stating the applicable circumstance and asking that DSCYF be relieved of any obligation to pursue reunification. On that motion the burden of proof is clear and convincing evidence.
That standard is the highest this court applies outside a criminal matter, and it belongs here. Granting the motion ends the effort to return a child to their parent — the parent stops being someone the State is helping and becomes someone it is moving past. A finding of that magnitude should not rest on the balance of probabilities.
Everything else. All other motions are filed at least 15 days before the next scheduled hearing unless good cause is shown.
Frequently Asked Questions
How much notice is needed for a motion in a Delaware dependency case?
At least 15 days prior to the next scheduled hearing, except where good cause is shown why such notice could not be timely filed.
What is the standard of proof for aggravated circumstances?
Clear and convincing evidence.
How do I ask to change the permanency plan?
By motion notifying the court and all parties at least 15 days before the next scheduled hearing, stating the basis for the change in the plan.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 213), 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:change permanency plan Delawareaggravated circumstances Delaware dependencyclear and convincing evidence Delaware family courtFam. Ct. Civ. R. 213