What types of arguments are raised during dependency cases when there are allegations of child abuse?

An attorney on behalf of Children and Family Services contends that Elaine is not capable of adequately supervising her niece. What argument might he have to support this? Contrarily, what argument might the guardian's attorney have to show that she in fact *is* able to care for this child? In this case the child was tortured by her father, and her aunt wants legal custody. The question remains, 'Given the child's injuries and state of mind, can this woman support and meet the child's needs?'