Rule 226.Preliminary protective hearing
Ch. XIV: Child Dependency, Neglect and/or Abuse Proceedings · Last amended 2019 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 226
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. Amended effective January 2, 2019.]
Plain-English Summary
Within 15 days. Where an ex parte order was granted, a preliminary protective hearing is scheduled before a judge within 15 days of its entry. Where no ex parte order of custody or guardianship was entered but the court finds priority scheduling warranted, the hearing is scheduled within 15 days of the filing of the petition.
The question. Whether the evidence demonstrates probable cause to believe that immediate and irreparable harm will otherwise result. The finding may rest in whole or in part on hearsay — this is a threshold decision made quickly, not an adjudication, and Rule 227 is where the proof is tested.
If harm is found likely. The court continues the existing custody or guardianship order, or, where none was entered, enters a temporary order of custody or guardianship to the petitioner pending an adjudicatory hearing under the statute the rule cites.
If it is not. The child is returned to the custody or guardianship of the parents, or of whichever caregiver held that authority by order of a court of competent jurisdiction, and the matter is scheduled in the normal course of business.
That last clause matters. Failing at this hearing does not end the case — it ends the emergency. The petition still gets heard; it simply stops jumping the queue and stops separating a child from their home in the meantime.
Frequently Asked Questions
How soon is the hearing after an emergency order in a private dependency case?
Within 15 days of the entry of the ex parte order, or within 15 days of the filing of the petition where no ex parte order was entered but the court finds priority scheduling is warranted.
What does the court decide?
Whether the evidence demonstrates probable cause to believe that immediate and irreparable harm will otherwise result. The finding may be based upon hearsay evidence in whole or in part.
What happens if probable cause is not found?
The child is returned to the custody or guardianship of the parents or other caregiver who held that authority by order of a court of competent jurisdiction, and the matter is scheduled in the normal course of business.