Rule 215.Adjudicatory hearing. (30 days*)
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 215
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 213 adopted September 12, 2002. Renumbered Rule 215 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 30 days. The adjudicatory hearing is held within 30 days of the conclusion of the preliminary protective hearing. This is where the question moves from probable cause to proof.
By agreement. The parties may agree to continued DSCYF custody, so long as all of them enter the agreement knowingly and voluntarily and consent to the findings the statute requires. The grounds must be stated on the record and documented in the court's written order — so an agreed case still produces a reasoned record, not a blank one. Many parents agree at this stage; what they are agreeing to should be legible years later.
If the elements are established. The court enters an order granting or continuing custody to DSCYF, complying with the reasonable-efforts findings in Rule 210. It must also establish or modify the nature and extent, if any, of visitation, contact or the sharing of information between parent and child, under the statute.
The phrase if any is doing quiet work there. Contact is the norm and its absence must be decided, not assumed.
If they are not. The petition is dismissed and the child returned in a time and manner the court finds reasonable and in the child's best interests. Where the elements are established as to only one parent, the court may rescind custody to the fit parent.
The case plan. Where custody continues with DSCYF and a parent wants their child back, the court orders DSCYF to prepare a case plan for the child and the parent. It is presented at the dispositional hearing and must contain a statement of the proposed permanency plan.
That is the document the rest of the case runs on. It tells a parent what they have to do to have their child home, and it is what Rules 217 and 218 measure compliance against.
Frequently Asked Questions
What is an adjudicatory hearing in a Delaware dependency case?
The hearing, held within 30 days of the conclusion of the preliminary protective hearing, at which the court decides whether the statutory elements for custody are established.
Can the parties agree instead of having a hearing?
Yes. The parties may agree to continued custody with DSCYF so long as all parties knowingly and voluntarily enter the agreement and consent to the required findings, with the grounds stated on the record and documented in the court's written order.
What is a case plan and when is it prepared?
Where custody continues with DSCYF and a parent desires reunification, the court orders DSCYF to prepare a case plan for the child and the parent. It is presented at the dispositional hearing and contains a statement of the proposed permanency plan.
Does the court decide visitation at this hearing?
Where the elements are established, the court establishes or modifies the nature and extent, if any, of visitation, contact or sharing of information between the parent and the child.