{"data":{"id":"us-de/13-del.-c.-2512","jurisdiction":"us-de","citation":"13 Del. C. § 2512","heading":"Grounds for DSCYF custody; preliminary injunction.","body":"(a) When emergency custody or other emergency relief is sought by DSCYF, the Court may issue an ex parte order awarding emergency custody to DSCYF and order removal of a child from the home upon the establishment that:\n(1) Continuation in the home is contrary to the welfare of the child; and\n(2) Probable cause exists to believe that:\na. A child continues to be in actual physical, mental or emotional danger or there is a substantial imminent risk thereof or;\nb. Immediate or irreparable harm may result to the child if such an order is not issued.\n(b) Prior to granting an adjudicatory order for DSCYF custody, the Court shall find after a hearing on the merits, or accept the agreement of the parties, that:\n(1) As to each parent, the child is dependent, neglected or abused;\n(2) It is in the child’s best interests to be in DSCYF custody.\n(c) Should the elements of subsection (b) of this section be met, the Court shall also determine after a hearing on the merits or accept the agreement of the parties, the nature and extent, if any, of any contact, sharing of information and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard set forth in § 722 of this title, unless Chapter 7A or § 728(d)-(f) of this title apply.","path":["Title 13. Domestic Relations","CHAPTER 25. DSCYF Custody","Subchapter II. Custody Proceedings"],"source_url":"https://delcode.delaware.gov/title13/c025/sc02/index.html#2512","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:17Z","sha256":"dd7d5cea76018963f5f6f8dcff8eeff7ca82349e98b7854e20ad0784aa12224c","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-2511","next":"us-de/13-del.-c.-2512a"},"notice":"GroundRules: Original legal text. Not legal advice."}