Las Vegas, NV asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Nevada

Q: Has my constitutional rights and 4th and 14th amendment been violated? Can I get this dismissed/closed?

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 the hospi

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry you're going through this difficult situation. Your constitutional rights under the 4th and 14th Amendments protect you from unreasonable searches and ensure due process. If you believe these rights have been violated, it's important to document all interactions with CPS and any related parties.

In Clark County, Las Vegas, CPS generally has specific timelines to act on cases, but these can vary based on circumstances. Waiting beyond the typical 30-day period may affect your case, but local regulations and case specifics play a significant role. It's crucial to understand the exact procedures and deadlines that apply to your situation.

I strongly recommend reaching out to a qualified attorney who can review the details of your case and provide guidance on the best steps to take. They can help you navigate the legal system, ensure your rights are protected, and work towards having your case dismissed or closed if appropriate.

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