Rule 227.Adjudicatory hearing

Ch. XIV: Child Dependency, Neglect and/or Abuse Proceedings · Last amended 2019 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 227 sets the adjudicatory hearing within 60 days of the preliminary protective order unless the respondent waives it, and decides dependency by a preponderance of the evidence.

Full Text of Rule 227

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a. Unless a respondent(s) waives his or her right to an adjudicatory hearing and agrees to continued custody or guardianship of the child with the petitioner, an adjudicatory hearing shall be scheduled within 60 days of the entry of the preliminary protective order.

b. If the Court finds by a preponderance of the evidence that a child is dependent, neglected or abused, an order in accordance with 10 Del. C. § 1009(b) shall be entered together with such other terms and conditions that may be set forth by the Court.

c. If the Court fails to find by a preponderance of the evidence that a child is dependent, neglected or abused, the petition shall be dismissed and the child returned to the care and control of the respondent at such time as determined reasonable by the Court.

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. Amended effective January 2, 2019.]

Plain-English Summary

Within 60 days. Unless a respondent waives the right to an adjudicatory hearing and agrees to the child's continued custody or guardianship with the petitioner, the hearing is scheduled within 60 days of the entry of the preliminary protective order.

A respondent may consent, and many do — a parent in crisis may want a grandmother to have the child for now. The rule makes that a waiver of a right rather than a default, so it is a decision the respondent makes knowingly.

The standard. A preponderance of the evidence: more likely than not. If the court so finds that a child is dependent, neglected or abused, it enters an order under the statute together with whatever other terms and conditions it sets. If it does not so find, the petition is dismissed and the child returned to the care and control of the respondent at such time as the court determines reasonable.

Compare the burden with Rule 213, where relieving DSCYF of the duty to pursue reunification takes clear and convincing evidence. The gradations are deliberate: the more permanent the consequence for a family, the higher the proof.

And notice that even a dismissal is timed by the court rather than immediate. A child who has settled somewhere while the case ran is moved back thoughtfully.

Frequently Asked Questions

When is the adjudicatory hearing in a private dependency case in Delaware?

Within 60 days of the entry of the preliminary protective order, unless the respondent waives the right to the hearing and agrees to continued custody or guardianship of the child with the petitioner.

What must be proved?

That the child is dependent, neglected or abused, by a preponderance of the evidence.

What happens if the petitioner does not prove it?

The petition is dismissed and the child returned to the care and control of the respondent at such time as the court determines to be reasonable.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 227), 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: adjudicatory hearing private dependency Delawarepreponderance of the evidence dependency DelawareFam. Ct. Civ. R. 227