Emergency removal of a child [Effective until Jan

Family Court Civil Rules

Rule: 212

Jurisdiction: DE

Bluebook Citation: Del. Fam. Ct. Civ. R. 212

(a) When emergency removal of a child from the home is sought by DSCYF during court operating hours, after considering the petition and affidavit, a Judge shall order physical or constructive removal of the child from the parent or specified relative and emergency temporary custody to DSCYF, pursuant to 13 Del. C. § 2512. (b) When emergency removal of a child from the home is sought by DSCYF outside court operating hours, DSCYF shall contact the designated on-call Judge and a Judge shall verbally order physical or constructive removal of the child from the parent or specified relative and emergency temporary custody to DSCYF, pursuant to 13 Del. C. § 2512. The Court shall thereafter issue a written Order as soon as practical. (c) When emergency removal of a child from the home is requested, DSCYF shall file a petition and affidavit with the Court no later than noon of the following business day. The Court shall schedule the DSCYF petition as determined appropriate for either a Preliminary Protective Hearing within ten (10) days of the filing, or an Adjudicatory Hearing within thirty (30) days of the filing. History. Amended Jan. 28, 2015, effective Apr. 20, 2015.

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