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You sil should have been given a case plan by now. She also should have court appointed attorney. Even parents in prison have rights. That said it is now up to her to start to working that plan and proving to a judge that she can parent a child. As for you fostering your niece, since it has already been a year the chances of a judge or cps/dhs having the child removed from the foster family at this stage is very slim. Of course you can always hire a lawyer to intervene on your behalf, but it will ultimately be up to a judge. Depending on the laws in your state if the foster family has had the child for a certain period of time (12 mos in TX), they can file for intervention to adopt as they are considered relatives. Before retaining a lawyer, I would call DHS and speak with the child's caseworker. Good luck!
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