Rule 214.Preliminary protective hearing. (10 day hearing*)
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 214
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 212 adopted September 12, 2002. Renumbered Rule 214 and amended effective April 20, 2015.] Footnotes * Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.
Plain-English Summary
Within 10 days. A preliminary protective hearing is held before a judge within 10 days of the entry of the ex parte order — or, where no ex parte custody order was granted but the court finds priority scheduling warranted, within 10 days of the filing of the petition. This is the first look by a judge at a removal that has already happened.
The question. The court determines in writing whether the evidence establishes probable cause to believe that, as to each parent, the child is dependent, neglected or abused or at substantial imminent risk of it, and that it is in the child's best interests to be in DSCYF custody. Both limbs, and separately for each parent.
What follows. If probable cause is established, the court continues the existing custody order, or enters one granting custody to DSCYF and ordering the child's physical or constructive removal, with the written finding Rule 209 requires, pending an adjudicatory hearing.
If it is not established as to each parent, the petition is dismissed and the child returned to a custodial arrangement in a time and manner the court finds reasonable and in the child's best interests. Even a return home is paced by the court rather than done at the door.
One fit parent. Where probable cause is established as to only one parent, the court may rescind custody to the fit parent. That provision matters more than its length suggests: a child with one parent who poses no risk should be with that parent, not in foster care, and the rule says so plainly.
Hearsay. The finding of probable cause may rest in whole or in part on hearsay evidence. At 10 days nobody has taken a deposition, and the people who know what happened — a doctor, a teacher, a caseworker — are often reporting what they were told. This is a threshold finding, not an adjudication, and Rule 215 is where the evidence is tested.
Contact. The court may enter a visitation or contact order under the statute the rule cites.
Frequently Asked Questions
How soon is the first hearing after a child is removed in Delaware?
A preliminary protective hearing is held before a judge within 10 days of the entry of the ex parte order, or within 10 days of the filing of the petition where no ex parte order was granted but priority scheduling is warranted.
What does the court decide at a preliminary protective hearing?
Whether the evidence establishes probable cause to believe that, as to each parent, the child is dependent, neglected or abused or at substantial imminent risk of it, and that it is in the child's best interests to be in DSCYF custody.
Can hearsay be used at the hearing?
Yes. The finding of probable cause may be based in whole or in part on hearsay evidence.
What if only one parent is found to be a risk?
The court may rescind custody to the fit parent, in a custodial arrangement and in a time and manner the court determines to be in the best interests of the child.