Rule 224.Commencement of action
Ch. XIV: Child Dependency, Neglect and/or Abuse Proceedings · Last amended 2002 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 224
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
How it starts. A child dependency, neglect and abuse custody proceeding, or a guardianship proceeding, is commenced by filing a written petition setting out the facts, verified by affidavit, under the statutes the rule cites.
Who may file. Any person having knowledge of the circumstances of the child's dependency, neglect or abuse. That is a wide door, and deliberately so — the person who knows is often not a relative and has no legal interest in the child at all. The verification requirement is the counterweight: the facts are sworn to, and a false affidavit has consequences.
What goes with it. A Custody Separate Statement, the form on which the details a custody case needs are set out.
Service. A copy of the petition is served on the respondent under Rule 4. A parent whose child is the subject of such a petition is served like any other respondent, and Rule 226 sets out how fast the hearing follows.
Frequently Asked Questions
Who can file a dependency petition in Delaware when DSCYF does not?
Any person having knowledge of the circumstances of child dependency, neglect or abuse.
What must the petition include?
A written statement of the facts verified by affidavit, accompanied by a Custody Separate Statement.
How is the other parent notified?
A copy of the petition is served upon the respondent pursuant to Rule 4.