FAQs: Delaware Family Court & DFS Court Cases

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What happens when the Division of Family Services (DFS) removes my child(ren)?

When the Division of Family Services (DFS) removes your child(ren), a case is opened in the Delaware Family Court. You will receive a petition that explains the basis of the removal.

DFS and the Court are in two different branches of government. The Court is a neutral and impartial branch. It will hear the evidence from you, DFS, and the child(ren)’s attorney to make a decision that is best for your child. Each parent has the right to an attorney, and the case follows a timeline set out in the law. Keep reading to find out more.

What happens if I don’t participate in the DFS court case?

It is important for you to attend and participate in your court hearings. You are a critical person in your child(ren)’s life. This is an opportunity for your voice to be heard. Delaware Family Court wants to hear from you and welcomes your presence in court. If you don’t go to your hearing, decisions about your child will be made without you.

Does the Court want me to participate in the DFS court case?

Yes! The Court understands that these cases are tough and sometimes confusing, but it’s very important that you talk to your lawyer and DFS worker, not miss visitation, and attend your hearings. The court wants to hear from you because you are the most important adult in your child’s life. If you do not participate, your child(ren) could remain in foster care with people you do not know, a guardianship with family members you might not approve of, or lose you as a parent all together if your parental rights are terminated.

Can I have a lawyer for my DFS court case?

Yes! You have the right to have a lawyer represent you. If you cannot afford one, the court will give you a lawyer for free.

Your lawyer will be called the parent attorney by DFS and the Court. Your child(ren) will have their own lawyer as well, called the children’s attorney.

How do I get a lawyer?

You will be assigned a lawyer, called a parent attorney before the first hearing after removal. This hearing is called the Preliminary Protective Hearing (PPH). It is very important that you go to this hearing and meet with your lawyer.

What happens if I don’t ask for a lawyer?

If you don’t get a lawyer, you will not have anyone to help you tell your side of the story and to help you make the best plan possible for your child(ren).

What does my lawyer do?

  • Listens to you and helps tell your side of the story.
  • Explains how the case works.
  • Helps identify and collect evidence and evaluate witnesses.
  • Cross-examines DFS witnesses.
  • Handles official correspondence from the Court.
  • Explains what the judge says about your case.
  • Makes sure you understand your rights.
  • Talks to the judge for you.

Your lawyer, called a parent attorney, follows the rules and standards for parent attorneys.

Are my conversations with my lawyer confidential?

Yes! Everything you tell your lawyer is private. They will explain confidentiality and help you understand your rights.

Do I have other legal rights in a DFS court case?

Yes! Ask your parent attorney for a copy of Section 2520 of Title 13 for more information on the duties and rights of parents under a DFS custody order. Delaware has published rules and standards for parent attorneys.

Who are all the people involved in a DFS court case?

  • Parent attorney—The attorney who represents you.
  • Child Attorney—The attorney representing your child(ren).
  • Court Appointed Special Advocate (CASA)— This is a volunteer appointed by the judge to help look out for what is in your child(ren)’s best interest. You may or may not have a CASA in your case.
  • Deputy Attorney General (DAG)—The attorney representing the Division of Family Services.
  • Division of Family Services (DFS) case worker—The DFS case worker involved in your case.
  • Sometimes DFS contracts with private agencies to provide services to your family. A private agency worker may also be present.
  • You may be assigned a Family Interventionist (“FI”) who will help you gain the skills needed to meet the goals on your Case Plan.
  • Foster parents may be present at court. This person provides temporary care for your child(ren) in their home.
  • Relative or guardian—If your children are placed in the care of a relative or guardian they may be present as well.
  • Court staff—Court staff that may be present include court security, law clerks, or court reporters.
  • Family Court Judge—The Family Court Judge will hear all of the information about your case and issue court orders about what will happen with you and your child(ren) during this time. Please ask your parent attorney about these orders.

Tips for Navigating a DFS Case

The Delaware Parent Handbook can provide important information on how best to navigate your DFS case.

Be sure to notify the court and your parent attorney of any change of address, phone number and/or email.

Review the tips on courtoom conduct prior to attending your hearing and plan to arrive 30 minutes before your scheduled hearing.

If your hearing is being held virtually via Zoom, make sure you have access to an electronic device that contains the Zoom application or make alternative arrangements with your parent attorney. You should plan to log into the hearing at least 5 minutes before it is scheduled to begin. Courtoom conduct rules apply to virtual hearings as well.

What are the different hearings and timeline for a DFS court case?

The timeline of hearings in a DFS case is governed by law. Not all of them may apply to your case, but your lawyer can explain which ones do. Here’s what to expect:

Ex Parte Order

  • This is not a hearing. It is an order signed by a judge allowing DFS to remove your child from your home.
  • If this happens, the first court hearing (PPH) will take place within 10 days.

Preliminary Protective Hearing (PPH)

  • This is the first court hearing, held within 10 days of your child being removed.
  • This is the hearing where you will meet with your parent attorney.
  • The judge assigned at this hearing will stay on your case while your child is in DFS custody.

Adjudicatory Hearing

  • This hearing happens about 40 days after your child is removed.
  • If you have an attorney, they will help you prepare for this hearing, which can include gathering and reviewing evidence and witnesses, and helping you prepare your testimony.
  • The judge decides if there is enough proof that your child(ren) was neglected, abused, or dependent in your care.
  • The judge will also decide if your child(ren) needs to stay in DFS custody.

Dispositional Hearing

  • If your child(ren) remains in DFS custody following the Adjudicatory Hearing, this hearing will occur about 70 days after your child is removed, which is about 30 days after the Adjudicatory Hearing.
  • By now, you should be working with DFS on a Case Plan that lists what you need to do for your child to come home. Your parent attorney should also review the case plan with you.
  • The judge will go over this plan with you at the hearing.

Review Hearings

  • If your child(ren) remains in DFS custody following the Dispositional Hearing, this hearing will occur about 90 days after the Dispositional Hearing , and then every 90 days after that if your children’ remain in DFS custody.
  • The judge checks how your child is doing and reviews your progress on your Case Plan.

Permanency Hearing

  • This hearing happens 12 months, after your child enters DFS custody.
  • If your child(ren) has not been returned to your home by the time of this hearing, the court must consider what the appropriate permanency plan is for your child(ren) at this hearing. You will have already discussed this with your parent attorney and your DFS worker by the time you come to court for this hearing.

The court will consider the following permanency plan for your case:

  • Continued Reunification - You may be permitted to continue to work on your Case Plan for a short period of time. If you have been diligently working on your Case Plan and DFS and the court expect that you can successfully complete your Case Plan within a reasonable amount of time, you may be permitted to do so. Please speak further with your parent attorney about this.
  • Guardianship or Permanent Guardianship - If there is a person who may be interested in having guardianship or permanent guardianship of your child, the judge may change the permanency plan and schedule a hearing on a guardianship or permanent guardianship petition.
  • Another Planned Permanent Living Arrangement (APPLA) - If your child(ren) is over the age of 16, they may continue to stay in foster care until they reach adulthood at the age of 18. When your child turns 18, your DFS court case ends.
  • Termination of Parental Rights (TPR) - The court may decide to move the case towards a termination of your parental rights to allow for the adoption of your child(ren). If so, a Termination of Parental Rights Hearing will be scheduled.

Guardianship

  • If a relative or caretaker wants guardianship of your child, they can file a Petition for Guardianship. It is a separate legal proceeding and has its own rules and procedures. While this case is going on your child(ren) will continue in DFS custody and the plan currently in place. Anyone can file for guardianship – it doesn’t have to be relative or caretaker.
  • The same judge assigned to your DFS case will hear the Guardianship case and your parent attorney can represent your interests in this matter.

Termination of Parental Rights (TPR)

  • If DFS asks to end your parental rights, the court may hold a TPR Hearing.
  • If a TPR Hearing is held, the Judge will decide whether your rights as a parent should be taken away.
  • At this hearing, DFS must prove that reasonable efforts have been made to reunify.
  • The elements of your case plan that you have completed will be reviewed as well.
  • If the Judge grants the TPR, you will lose your legal rights as a parent to your child(ren). If this happens, the child(ren) can be adopted. You also have the right to appeal the decision.

Other Resources

If you have more questions, check out the resources on this webpage, including:

Remember, you are an important person in your child’s life. The court wants to hear from you, so make sure you attend your hearings!