If the 3 year old is in danger, your mothers welfare shouldn't be a concern. She's an adult and can handle it, the 3 year old can't.
I can only assume your sister is an adult ... So no your mom would not get into trouble for not being more assertive .. What she can get into trouble for is not reporting child abuse. If she says nothing or does nothing to help the child then she is enabling .. And for that matter, so are you if you know abuse is happening and you do nothing to stop it.