Del. Fam. Ct. Civ. R. 214

(a) A Preliminary Protective Hearing shall be held before a Judge within ten (10) days of the

entry of the ex parte order; or if an ex parte order of custody is not granted but the Court

finds that priority scheduling is warranted, a Preliminary Protective Hearing shall be

scheduled within ten (10) days of the filing of the petition.

(b) At the Preliminary Protective Hearing, the Court shall determine, in writing, whether the

evidence establishes that probable cause exists to believe that:

(1) As to each parent, the child is dependent, neglected, or abused, or there is a substantial

imminent risk thereof, and

(2) It is in the best interests of the child to be in the custody of DSCYF.

(c) If the Court finds that probable cause is established as specified in (b), the Court shall

continue the custody order in effect, if an ex parte order has been entered granting custody to

DSCYF, or, if no ex parte order has been entered, enter an order which grants custody to

DSCYF, orders physical or constructive removal of the child from his or her parent or

relative, and complies with Rule 209 pending an Adjudicatory Hearing.

(d) If the Court finds probable cause as specified in subsection (b), has not been established with

respect to each parent, the petition shall be dismissed and the child returned to a custodial

arrangement in a time and manner determined by the Court to be reasonable and in the best

interests of the child.

(e) If the Court finds that probable cause has been established as specified in (b) with respect to

only one parent, the Court may rescind custody to the fit parent in a custodial arrangement

and in a time and manner as determined by the Court to be in the best interests of the child.

(f) The finding of probable cause may be based in whole or in part on hearsay evidence.

(g) The Court may enter a visitation and/or contact order as provided by Title 13, Chapter 25 of

the Delaware Code.