Cradle Care Question

I had a question about cradle care. I was placed with a baby for a cradle care situation but bio mom ran way before signing over her rights. He has been with me for five months because they are looking for mom and also trying to have rights terminated. Since this is abandonment and she didn't get to sign over her rights but just told the agency she wanted private adoption, wouldn't this situation be switched to foster care? Doesn't seem right to be waiting in cradle care this long.