Rule 216.Dispositional hearing. (70 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 216
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 214 adopted September 12, 2002. Amended effective October 24, 2007. Renumbered Rule 216 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 70 days. A dispositional hearing is held within 70 days of the child's physical or constructive removal from the home. With the consent of the parties it may be conducted immediately after the adjudicatory hearing, which spares everyone a second trip where nothing is in dispute.
The plan. At this hearing the court establishes a permanency plan for the child, and may implement concurrent plans where appropriate. Concurrency is not indecision — working toward reunification while also preparing for adoption means that if the first fails, the second has not lost a year.
The options. Five permanency plans are available: reunification with a parent; adoption; guardianship; permanent guardianship; and placement in another planned permanent living arrangement, which is available only where DSCYF has documented to the court a compelling reason why every other goal is not in the child's best interest.
The order of that list is the order of preference, and the last entry is hedged because it is the plan that leaves a child growing up without a permanent family. It requires a compelling reason, documented, and against every other option.
Getting there. If the proposed plan is reunification, DSCYF develops a case plan in consultation with all parties and submits it to the court and the parties 5 days before the hearing. If the proposed plan is anything else, a motion must be filed under Rule 213 — with its own notice period, so that a proposal to stop working toward a child's return is never a surprise.
Frequently Asked Questions
What is a dispositional hearing in Delaware?
The hearing, held within 70 days of the child's physical or constructive removal from the home, at which the court establishes a permanency plan for the child.
What permanency plans are available in Delaware?
Reunification with a parent, adoption, guardianship, permanent guardianship, and placement in another planned permanent living arrangement where DSCYF has documented a compelling reason why every other permanency goal is not in the child's best interest.
Can there be more than one plan at a time?
Yes. Concurrent permanency plans may be implemented when appropriate.
When is the case plan filed?
Where the proposed plan is reunification, DSCYF develops the case plan in consultation with all parties and submits it to the court and the parties 5 days before the dispositional hearing.