The first three questions all pertain to the eligibility of a juvenile who is an undocumented immigrant to be transferred under the compact and, if otherwise eligible, whether or not the juvenile's immigration status may be ascertained and considered as a factor in denying a transfer.
While such person's status as an "undocumented" immigrant would not necessarily disqualify an immigrant from transferring under the Compact, the applicable rules may result in the denial of a transfer due to the inability of the immigrant to meet the criteria of the Compact in a given case.
Accordingly, it is certainly reasonable to conclude that it is appropriate to ascertain the immigration status in order to determine whether a juvenile is eligible for transfer under the Compact and to consider undocumented immigration status as a legitimate basis for denial of transfer of supervision.
With respect to question # 4, there is an implicit assumption of a legal recognition of the status of 'common law step-parent,' into whose custody a juvenile may be placed in the event of incarceration or deportation of the biological parent. There is no recognition of or definition for such a status under the Compact or ICJ Rules, both of which contemplate a 'legal custodian' or 'legal guardian' as determined or ordered by a Court to serve in the place of the parent. As such, a juvenile who is otherwise eligible for transfer and whose biological parent is incarcerated or deported could lawfully be placed with a 'legal custodian' or 'legal guardian.'