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When Child Protective Services (CPS) becomes involved in a family’s life, it can be one of the most stressful experiences a parent faces. Allegations of child abuse or neglect, whether founded or not, can lead to temporary custody loss and a lengthy legal process. Parents in this situation need more than hope; they require a clear understanding of Nevada’s laws and the necessary legal steps to bring their child home safely.
This article explains how the CPS process works in Nevada, what parents can do to regain custody, and how a Las Vegas child abuse lawyer helps protect their rights at every stage.
In Nevada, any report of suspected child abuse or neglect triggers an investigation by Child Protective Services (CPS) under NRS Chapter 432B. This can come from teachers, doctors, neighbors, or even anonymous callers.
CPS caseworkers are legally obligated to assess the child’s safety and may interview family members or visit the home to do so. If the agency believes a child is in immediate danger, they may remove the child and place them in temporary foster care.
The first court appearance after removal is the 72-hour shelter hearing in the Clark County Family Court. At this stage, the judge reviews the evidence to determine whether the child should remain in care or be returned home. Having an attorney present during this hearing is crucial to protect parental rights.
According to the Nevada Department of Family Services, parents have the right to attend all hearings, access legal representation, and participate in developing their case plan.
Each CPS case moves through a structured series of hearings. Parents must show progress and stability at every stage.
|
Stage |
What Happens |
Parent’s Goal |
| Shelter Hearing (72 hrs) | The judge decides if the child remains in care. | Demonstrate immediate safety and cooperation. |
| Adjudicatory Hearing | The court examines abuse or neglect claims. | Provide evidence of progress and rehabilitation. |
| Review Hearing | The court evaluates compliance with the case plan. | Show full compliance and readiness for reunification. |
Under NRS 432B.550, Nevada courts must hold a permanency hearing within 12 months to determine whether reunification or termination of parental rights is appropriate.
Several important statutes guide child welfare cases in Nevada:
The court uses different standards of proof depending on the issue. For example, abuse or neglect must be proven by a preponderance of the evidence, while termination of parental rights requires clear and convincing evidence.
A skilled Personal Injury lawyer in Las Vegas ensures that the court applies these standards correctly and that parents are not unfairly penalized based on incomplete or inaccurate reports.
“The ‘best interests of the child’ standard under NRS 125C.0035 governs every custody decision, including reunification after CPS involvement.”
An experienced Las Vegas CPS attorney plays multiple roles in helping parents regain custody. They start by reviewing all CPS reports, identifying inaccuracies, and preparing evidence that demonstrates parental fitness. This may include witness statements, drug test results, or certificates of completed parenting programs.
Attorneys also guide parents through every step of the case plan, helping them complete required services such as counseling, domestic violence classes, or substance treatment.
If the abuse allegations are criminally charged, the lawyer coordinates the defense in both family and criminal court to protect the client’s parental rights.
An attorney’s advocacy ensures that parents’ voices are heard, deadlines are met, and reunification remains the primary goal whenever safely possible.
While the process can feel overwhelming, compliance and consistency are the keys to success. Parents can strengthen their case by maintaining stable housing, steady employment, and consistent communication with CPS.
Participation in reunification services, such as counseling, therapy, or parenting education, demonstrates a commitment to change. All progress should be documented, as this evidence becomes essential in review hearings.
Visitation often begins under supervision and expands over time as parents demonstrate reliability. The court typically transitions visits from supervised to monitored, then to unsupervised, and finally to overnight or full custody once the case plan is complete.
In 2024, over 60% of Nevada CPS cases that reached the adjudicatory phase led to reunification when parents met all case plan requirements.
Regaining custody is a significant milestone, but the journey doesn’t end there. Post-reunification, the court may require continued check-ins or in-home visits to ensure stability. Parents can later petition to seal CPS records or request removal from the central registry if the findings are cleared.
Staying compliant with court expectations and maintaining a positive relationship with social workers helps prevent future issues. For ongoing legal advice, parents should continue consulting their attorney before making any significant decisions involving custody or relocation.
Yes. Parents who complete their case plan goals and demonstrate that their home is safe and stable can have custody restored through a court order.
Most cases resolve within 6–12 months, depending on the child’s progress, compliance, and the best interests of the child, as determined under Nevada law.
Your attorney can gather evidence, challenge reports, and request hearings to clear or amend CPS findings.
No. The court evaluates the case details, rehabilitation efforts, and the child’s safety before making decisions regarding custody.
Noncompliance can result in the loss of visitation or termination of rights. Legal guidance helps ensure you meet all obligations.
Yes. Parents can request an administrative appeal and seek removal from Nevada’s central registry if supported by evidence.
Facing a CPS case in Las Vegas can be intimidating, but it doesn’t have to define your family’s future. With knowledge, persistence, and the right legal help, parents can navigate Nevada’s system and work toward safe reunification.
A child abuse lawyer at Gina Corena & Associates helps parents understand their rights, complete case requirements, and present the strongest possible case for bringing their children home.
If you’re currently involved in a CPS investigation or worried about losing custody because of abuse or neglect allegations, schedule a free consultation with Gina Corena & Associates to discuss your situation and understand your legal options. To learn more about Nevada’s child welfare process, visit the Nevada Department of Family Services.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
