Del. Fam. Ct. R. Civ. P. 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.
Del. Fam. Ct. R. Civ. P. 214
*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.