Las Vegas CPS Defense Attorney

What Is CPS Defense in Nevada?

CPS defense means protecting your rights when a child welfare agency investigates allegations of abuse or neglect. In Clark County, these investigations are handled by the Clark County Department of Family Services (DFS), the local arm of Nevada’s child welfare system, which operates under the state Division of Child and Family Services (DCFS). The entire process is governed by NRS Chapter 432B, the Nevada law that protects children from abuse and neglect and defines how and when the state may step into a family.

Here is what parents need to understand: an allegation is not proof. Being investigated does not make you guilty, and many reports turn out to be unsubstantiated, exaggerated, or based on a misunderstanding. But once the process begins, you need someone who knows the law, the agency, and the Clark County family court standing with you.

How a CPS Case Begins

Most cases start with a report to the agency, sometimes from a mandatory reporter such as a teacher, doctor, or police officer, and sometimes from a neighbor, a relative, or an anonymous caller. From there, a case typically follows this path:

• Investigation: A DFS caseworker may contact you, interview your children, visit your home, and request records or drug tests.
• Findings: After investigating, the agency decides whether the allegation is substantiated or unsubstantiated. A substantiated finding can be entered into a central registry that may surface on future background checks.
• Protective custody: If the agency believes a child faces immediate danger, it may place the child in protective custody under NRS 432B.390 and remove the child from the home.

What you say and do during the investigation matters. Statements made to a caseworker can be used against you later. Before you agree to interviews, home searches, or a “voluntary” safety plan, it is wise to speak with a CPS defense lawyer who can protect your interests.

The 432B Court Process, Step by Step

If your child is removed or a petition is filed, your case moves into the juvenile dependency division of the Eighth Judicial District Court in Clark County. The key stages include:

• 72-hour protective custody hearing: When a child is taken into protective custody, the court must hold a hearing within 72 hours, excluding weekends and holidays, to decide whether the child should remain in custody. The agency carries the burden of showing reasonable cause. This early hearing is a critical chance to argue for your child’s return.
• Adjudicatory hearing: The court decides whether the abuse or neglect allegations in the petition are true. If you deny the allegations, you are entitled to an evidentiary hearing where evidence is presented and witnesses can be challenged.
• Disposition and case plan: If the court finds a child in need of protection, it issues orders that may include a case plan, services, or treatment, and sets the path toward reunification.
• Review and permanency hearings: The court periodically reviews your progress toward bringing your child home.

If the allegations are not established, the court must dismiss the petition and order your child’s release. Skilled representation at every stage can be the difference between a case that drags on for months and one that resolves in your family’s favor.

How Cohen Fic & Squires Defends Your Family

Our approach is built on preparation, strategy, and personal attention. When you retain our firm, we work to:

• Move fast to protect your rights. We act quickly to appear at the 72-hour hearing, respond to petitions, and push for your child’s safe return.
• Challenge the evidence. We scrutinize the agency’s investigation, question the basis for removal, and hold DFS to its burden of proof.
• Guide you through the case plan. We help you understand and complete court-ordered requirements so you can show progress and rebuild the court’s trust.
• Protect your record. We fight substantiated findings that could follow you into future jobs, licensing, and other family matters.
• Communicate clearly. You will never be just a case number. We keep you informed and prepared at every step.

CPS and Dependency Matters We Handle

• Abuse and neglect (432B) petitions and dependency proceedings
• Emergency removals and protective custody hearings
• Reunification and case plan advocacy
• Challenging substantiated findings and central registry listings
• Cases involving relatives, kinship placement, and guardianship
• Defense against termination of parental rights under NRS Chapter 128
• Coordination with related child custody and domestic violence matters

Why Acting Quickly Matters

CPS cases move fast, and the earliest decisions carry the most weight. Waiting to get legal help can narrow your options, while acting early may lead to your child’s return in the shortest time possible. If you have been contacted by a caseworker or your child has been removed, the time to protect your family is now.

Why Families Choose Cohen Fic & Squires

• Focused exclusively on family law since 2003
• AV Preeminent rated by Martindale-Hubbell, the highest peer rating for legal excellence and ethics
• Deep experience in Nevada family court and public service
• Compassionate, client-centered representation from attorneys who fight for your family as if it were their own
• Serving Las Vegas, Henderson, North Las Vegas, and all of Clark County
• Free, confidential consultations

Frequently Asked Questions About CPS Defense in Las Vegas

What should I do if a CPS caseworker contacts me in Las Vegas?

Stay calm and be polite, but understand that you have rights. You are not required to agree to every request on the spot. It is wise to speak with a CPS defense attorney before consenting to interviews, home searches, or a voluntary plan, because what you say can affect your case.

Can CPS take my child without a court order in Nevada?

In limited emergency situations, where a child is believed to be in immediate danger, an agency may place a child in protective custody. However, the court must hold a protective custody hearing within 72 hours, excluding weekends and holidays, to review that decision. An attorney can advocate for your child’s return at that hearing.

What is the difference between a substantiated and unsubstantiated finding?

After investigating, the agency decides whether there is reasonable cause and credible evidence to believe abuse or neglect occurred. A substantiated finding means the allegation was supported and may be recorded in a central registry; an unsubstantiated finding means it was not. A substantiated finding can affect future background checks, which is why challenging it matters.

Can I get my child back after a removal?

In many cases, yes. If the court does not find that the allegations are established, it must dismiss the petition and release your child. In other cases, completing a case plan and demonstrating steady progress can lead to reunification. Early, experienced representation improves your chances.

Do I really need a lawyer for a 432B case?

These cases involve complex law and the highest possible stakes for your family. An experienced CPS defense attorney can protect your rights, challenge the agency’s evidence, and guide you through a court process that is difficult to navigate alone.

How much does a CPS defense attorney cost?

Every case is different. Cohen Fic & Squires offers a free, confidential consultation so we can understand your situation and discuss your options before you make any commitment.