They're not trying to take the girl home. They want her admitted to a long-term care facility. Until now they haven't been able to find one. They are also being asked to by hospital to provide, in writing, a plan for the continued care of Jehi. They have not done so. Perhaps now they can. Also at issue is the insertion of a feeding tube. Doctors at her current hospital will not perform surgery on a dead person, as Jehi has been legally declared.
In Schiavo's case, her husband was her primary next of kin and legally allowed to make medical decisions on her behalf. He made the argument that Terri would not have wanted to continue living in her condition and that prolonged life support should end. He was challenged by her family in a very acrimonious and public battle but he ultimately prevailed in the courts.
In my mind, the issue is that the government is not the parent, and the parent gets to choose. I could see the hospital refusing medical care or the insurance company refusing to cover something, but that isn't the right to keep the child incarcerated.
This case stinks. The girl ended up in this state after tonsil surgery. How do I know the hospital and insurance company aren't protecting their financial interests?