Foster Family wants to keep baby- Kinship family just found

My brother had a baby 10mths ago and just now took a DNA test- the baby is in a foster home locally. I am in the process of getting my home study done and background checks so that we can HOPEFULLY have the baby moved into our home. The issues is the foster family wants to keep him while the bio dad works his case plan and wait for the judge to decide custody. Bio dad told SW he wants baby moved to our house immediately while he works his case plan. If he fails to gain rights then we will move to adopt. BUT foster family wants to adopt him too. Can the foster family really keep him in their home while bio dad works his case plan ( about 1yr) even if bio dad wants baby moved with us his family? We have setup a nursery and completely ready to take the baby. We would have taken him from the hospital had we know he was born and had dad done DNA sooner.