Rule 223.Scope

Ch. XIV: Child Dependency, Neglect and/or Abuse Proceedings · Last amended 2002 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 223 opens the subpart for dependency, neglect and abuse custody petitions and guardianship petitions where DSCYF is not the petitioner.

Full Text of Rule 223

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These rules govern the procedures of the Family Court regarding dependency, neglect and abuse petitions for custody, and petitions for guardianship where the Department of Services for Children Youth and their Families is not the petitioner.

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 September 12, 2002.]

Plain-English Summary

These rules govern dependency, neglect and abuse petitions for custody, and petitions for guardianship, where the Department of Services for Children, Youth and their Families is not the petitioner.

The same worry, brought by different people. A grandmother, an aunt or a family friend who believes a child is being neglected can come to this court without waiting for the State to act, and Subpart B is the procedure for it. Subpart A, beginning at Rule 200, covers the cases DSCYF brings.

The two subparts differ in more than who signs the petition. Subpart A's timetable is driven by federal foster care requirements and runs on days measured from removal; this one is shorter, gives a little more room in its intervals, and has no permanency or review machinery, because no child here is in the State's custody. What the two share is the important part: an emergency order gets a prompt hearing, and a child is not kept from a parent without proof.

Frequently Asked Questions

Can someone other than DSCYF file a dependency petition in Delaware?

Yes. These rules govern dependency, neglect and abuse petitions for custody, and petitions for guardianship, where DSCYF is not the petitioner.

What is the difference between Subpart A and Subpart B?

Subpart A, beginning at Rule 200, governs petitions for custody filed by DSCYF. Subpart B governs proceedings in which DSCYF is not the petitioner.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 223), 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: private dependency petition Delawareguardianship petition Delaware Family CourtFam. Ct. Civ. R. 223