Rule 225.Emergency removal of a child

The route. Where emergency removal of a child from the home, or other emergency relief, is sought during normal court operating hours, relief may be awarded subject to the requirements of Rule 65.2 — the general emergency rule, with its demand for sworn proof of immediate and irreparable harm.

The background check. In every case where someone other than DSCYF seeks ex parte removal of a child, the court examines the parties' Delaware criminal history before granting custody or guardianship, and may review a summary from the Division of Family Services that can include substance abuse and mental health records. The court's order reflects what that summary showed and identifies the assigned DSCYF social worker where there is one, and the court may require the social worker to appear at trial.

The check exists because of what an ex parte application is. Someone asks a judge, with nobody there to contradict them, to place a child with them today. The petitioner may be exactly who they say. They may also be the reason the child needs protecting. Looking at the record first is the only defence the absent party has.

Ex parte only. The court's review of the Division's information is for ex parte purposes and is not a determination that any of it is admissible at a later hearing. Untested material may inform an emergency decision; it does not become evidence.