Q: Has CPS violated my constitutional 4th and 14th amendment rights when they did this to me? Can I get dismissed?
In my current and open Family CPS Case, after my son was born and we both tested negative for any influence of drugs in our system, due to the fact he was born 1month early. Social Service became involved and so did something called Nea or Neo from CPS DFS. The hospital said he was showing signs of what looked to be like with drywall, and put him on a morphine drip cycle. After I was discharged from the hospital he had to stay in the hospital over 3 months, CPS initial intaker waited until oct.31st to get a petition made and warranted I think so they would have probable cause/ reasonable doubt even though she already drafted, made, planned and signed a safety plan with my family and I. I wanted to know CPS has 30days to either make a case or close it is that correct with Clark County Las Vegas, NV? It was well passed 45 days when she gave me my 3rd random drug test, which came up positive, the previous 2 were negative. Then I heard I was petitioned and my child was taken from hospital
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A:
I'm sorry you're going through this difficult situation. The Fourth Amendment protects against unreasonable searches and seizures, while the Fourteenth ensures due process. If you believe CPS acted unlawfully, it’s important to gather all your documentation and evidence related to your case.
In Clark County, Nevada, CPS typically has a specific timeframe to respond to cases, but extensions can occur based on various factors. If the standard period has been exceeded, this might be something to discuss with a legal professional. The positive drug test could have significantly impacted their decisions, so addressing the validity and circumstances of that test is crucial.
You may have grounds to challenge the actions taken against you, including potential violations of your rights. Consulting with an attorney who understands family law and CPS procedures in Nevada can provide you with the best guidance on how to proceed and whether your case can be dismissed.
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