After the temporary custody hearing, on request of a parent or guardian the court shall order that the child be returned to the child’s parent or guardian if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child’s physical, mental or emotional health or safety. The court shall consider the failure of the parent or guardian to comply with the terms of the case plan as evidence that return of the child would create a substantial risk of harm to the child.