AB 495 RALLY & LOBBY DAY | Real Impact Help Center

OPPOSE AB 495

The California Legislature Is Once Again Undermining Parental Rights.

AB 495 is a dangerous bill that puts every child at risk.

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.

Zero safeguards.

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.

What’s worse:

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.

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.

Who qualifies?

· A neighbor

· A teacher

· A family friend

That’s it. No verification. No accountability. Anyone could falsely claim to fit one of these roles and assume legal authority over a child.

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)