The California Legislature Is Once Again Undermining Parental Rights.

​AB 495 is a dangerous bill that puts every child at risk.
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This legislation would allow any adult to claim they are a child’s “caregiver” simply by filling out and signing a Caregiver’s Authorization Affidavit — with no parent consent, no parent notification, no photo I.D., no court review, and no background check.
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Zero safeguards.
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One checkbox on the form reads:

“I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.”
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That single sentence could be used to sidestep a parent’s rights entirely.​
​Who qualifies as a "caregiver"?

· A neighbor

· A teacher

· A family friend
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That’s it. No verification. No accountability. Anyone could falsely claim to fit one of these roles and assume legal authority over a child.
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This bill lacks meaningful safeguards to protect children regardless of their immigration status and opens the door for exploitation by predators or traffickers.

Nicole Pearson testifying against AB 495 at the Senate Human Services Committee on Monday, July 7, 2025.

What is AB 495, The Family Preparedness Act?

According to the author of the bill, Assembly Member Rodriguez, this bill was written to help immigrant families and provide directives should the parent(s) be detained by Immigration and Customs Enforcement (ICE), and a child is left unattended during that time.

No. While it’s marketed as helping in cases where parents of immigrant children are detained, its reach is far wider. AB 495 allows any adult, family or not, to claim authority over a child and make decisions on their behalf using the Caregivers Authority Affidavit (CAA). There is nothing in the bill limiting it to immigrant children, and its vague language leaves the door wide open for misuse and exploitation.

No, it affects public, private, and homeschooled students. While AB 495 explains how public schools should handle the affidavit, the bill’s power goes far beyond education. Any adult, without parental consent, could claim authority over a child’s schooling, medical care, and more, regardless of whether the child is in public, private, or homeschool.

The so-called “safeguard” is weak and meaningless. The affidavit doesn’t require notarization, and “verification” can be as flimsy as providing a Social Security number or driver's license number—not even the actual card. No background checks. No proof of identity. Hospitals, doctors, and schools are not required to verify the claim. In short, anyone who fills out the affidavit could take control over a child and authorize irreversible medical procedures without parents ever knowing.

Yes, easily. AB 495 lets almost anyone claim authority over a child with minimal proof. That power covers school, medical care, and even moving the child into a new home. It includes consenting to irreversible medical interventions without parental consent.

No. AB 495 applies to all children, in any situation, not just when parents are detained by immigration authorities or unavailable after school. The problem of kids needing temporary care is already solved by allowing parents to give the school a pre-approved list of emergency contacts, people the parents themselves have chosen and authorized. AB 495 doesn’t fill a gap; it creates a dangerous loophole. With just one piece of paper and no verification of relationship, any adult who fills out an affidavit can gain control over a child. This opens the door to kidnapping, trafficking, and abuse, while doing nothing to genuinely protect immigrant children.

Yes. It violates parents’ fundamental rights to direct their children’s upbringing, education, and medical care. It offers no due process—no notice, no opportunity to object. It grants authority to unrelated adults, effectively stripping parents of their rights. Worse, it allows the state to override parents based on a vague “life, health, or safety” standard, which can be twisted and abused.