Las Vegas Child Abuse Defense Lawyer
Nevada Child Neglect and Social Services Lawyer
When the state believes that a child is in danger in their home as a result of abuse and neglect, they can take action to remove the child from the situation. Unfortunately, good parents can have their children taken away before their side of the story is heard. If you are facing losing your children, it is important to seek out the advice and counsel of an experienced attorney.
The founder of The Law Offices of Frank J. Toti understands the complex issues involved in these matters and has been practicing in family court in the Las Vegas area for more than 30 years. For a free consultation with a Las Vegas child abuse defense attorney, call 702-517-5687 or toll free 866-470-8526.
Defending Against Allegations of Abuse and Neglect
Being accused of child abuse is devastating for parents. During this difficult time, it is crucial to have the help of a knowledgeable, skilled family law attorney. Frank J. Toti works closely with parents to assert their parental rights and fight back against allegations.
The process for having children returned to the home can be very complex and not every attorney has experience navigating this process. Between being privately retained and court appointed by the court, Frank J. Toti has handled thousands of abuse and neglect cases.
Common Questions About Abuse And Neglect Investigations In Nevada
Parents who face a child abuse or neglect investigation often feel shocked and unsure of their rights. Answers to the following questions address concerns that families raise most often:
What should I do if the Clark County Department of Family Services (DFS) contacts me?
Stay calm and polite, even if the visit feels like an accusation. A caseworker may ask to come inside, speak with your children or have you sign a safety plan or release. Avoid signing any document until a lawyer has reviewed it. You may ask for the caseworker’s name, a business card and the reason for the contact. Anything you say can appear in the agency’s report, so keep your answers brief and call an attorney right away. Attorney Toti can explain your options before you answer the agency’s questions. If DFS removes a child from the home, Nevada law requires a protective custody hearing within 72 hours, not counting weekends and holidays. Having a lawyer at that first hearing can shape everything that follows.
What are my rights if someone like a neighbor or ex-spouse makes a false report of child abuse?
You can present your side of the story, hire a lawyer and challenge any finding the agency makes. False reports come up often in high-conflict divorces and custody disputes, where one parent may hope to gain an advantage. A lawyer can gather texts, emails, school records, medical records and witness statements that contradict the report. Evidence that the reporter had a motive to lie, such as a pending custody case, can also matter. Keep a written timeline of events, and avoid contacting the person who made the report. The State Bar of Nevada has certified both attorney Frank J. Toti and Audrey J. Beeson as family law specialists. That background helps them see how an allegation may affect a related child custody case.
What happens during a Nevada CPS investigation?
A caseworker usually visits the home to check living conditions. The caseworker also interviews the parents and the child and may contact teachers, doctors or neighbors. The agency then labels the report either substantiated or unsubstantiated. An unsubstantiated finding means the agency did not find enough evidence, and the case usually closes. A substantiated finding means the agency believes the evidence supports abuse or neglect. That finding can add a parent’s name to Nevada’s Central Registry, which can block jobs in child care, education and health care. Parents can challenge the finding through an administrative appeal, but the deadline is short. Some cases also move to juvenile court, where a judge reviews the agency’s evidence. Attorney Toti regularly guides parents through Nevada registry appeals.
To speak to an attorney about your legal needs, contact The Law Offices of Frank J. Toti for a free initial consultation.