As mandated by the state, a foster care worker would have to develop a plan that specifically addresses / remedies the condition(s) that lead to the child's placement in foster care. If the issue was neglect or medical neglect, the parent would be obligated to prove that the causes of neglect (lack of education, resources, medical care) were eradicated prior to the child's return home. The foster care worker is mandated by law to develop a plan that provides for the reunification of the child and caretaker (usually bio parent). Such a plan might involve parenting classes, appropriate medical training, and an established ability to meet the child's physical, emotional, and medical needs. If the parent complies with the foster care plan to the satisfaction of the court, the child is ordered to be returned home. Most parents are unable to comply with such stringent conditions; however, those that do are typically reunited with the child. It is also important to note that just because a parent complies with such a plan does not mean it is the recommendation of DSS that the child is returned home; in such cases it is up to the courts to decide. Courts base their decision on information provided by DSS as well as the information and arguments from the parent's attorney, the child's attorney, and other court agencies (such as CASA). It is usually a very long process; court hearings at 3 days, 75 days, 5 months, and so on. The law requires a "permanent plan" for the child at 15 months, such as reunification, placement with relatives, or adoption. If the family meets their burden for the child to be returned home, there is very little, if anything, that DSS can do to prevent it.
