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.”

That single sentence could be used to sidestep a parent’s rights entirely.
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AB 495 adds a term to the affidavit called a “nonrelative extended family member” a contradictory and misleading term that blurs the line between family and stranger.
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It’s wordplay, not real legal clarity. Despite the name, this person is not a family member at all — they could be any unrelated adult claiming to be connected to the child.
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​Who qualifies?

· 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.

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)

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. With vague definitions of “relative” and “nonrelative extended family member,” predators or traffickers could easily exploit it. Human trafficking is one of the fastest-growing criminal enterprises—this bill makes their job easier.

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.

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