AB 495 RALLY & LOBBY DAY | Real Impact Help Center

AB 495 - WHAT DOES THE BILL SAY?

The California Legislature Is Once Again Undermining Parental Rights.

California lawmakers are pushing AB 495—a bill that opens the door for a “relative” or even a “nonrelative extended family member” to take custody of a child by merely handing over a signed “affidavit” to school or childcare staff. No court order. No background check. No verification of parental consent. According to the bill, “A parent’s signature or a seal or signature from a court is not required,” and shockingly, “A person who relies on the affidavit has no obligation to make any further inquiry or investigation.”

It gets worse. The bill sidesteps strict ID verification, allowing individuals to present a California driver’s license, consular ID, or even a Medi-Cal or Social Security number as proof of identity—leaving the door wide open for abuse.

Most alarming? If the parent isn’t aware or doesn’t actively object, this so-called “caregiver”—even a nonrelative—would have the power to make critical medical decisions for the child. That includes authorizing immunizations and physical exams. The bill says, “A caregiver who is a relative or a nonrelative extended family member… shall have the same rights to authorize medical and dental care for the minor that are given to guardians.”

This is a direct threat to parental authority and a dangerous step toward stripping parents of their rights—without their knowledge or consent.

AB 495 LEGISLATIVE TERMS (Sec. 4):

(1) “Person” includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.

(2) “Nonrelative extended family member” means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child.

(3) “Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including all stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.

(4) “School-related medical care” means medical care, including immunizations, physical examinations, and medical examinations conducted in schools for pupils, that is required by state or local governmental authority as a condition for school enrollment or participation in local educational agency-related extracurricular activities.

A parent, custodian, or guardian may revoke a joint guardianship issued pursuant to this subdivision by filing a request to terminate the guardianship with the court... Upon a showing that the activating event no longer affects the parent’s availability to provide care for their child, there shall be a presumption that termination is in the child’s best interest. Sec. 8 (2)