The girl's mother and stepfather remain jailed on capital murder and evidence tampering charges in what prosecutors say was the July torture death of the youngster.
Kimberly Dawn Trenor and the girl had lived in Ohio, before moving to the Houston area where the woman and Royce Clyde Zeigler II lived with the child.
A container with a child's remains washed ashore at Galveston Bay in late October. The unidentified victim was dubbed "Baby Grace" by emergency personnel.
Media attention led the girl's grandmother in Ohio to identify her. Sheryl Sawyers and her son Robert Sawyers -- the girl's father -- sought the remains.
-- The judge also asked prosecutors to decide by mid-April whether they'll seek the death penalty against Trenor and Zeigler.
