A California parental rights group is warning that proposed state legislation aimed at protecting illegal immigrant children during family separations “dangerously redefines” guardianship and could ultimately “make kidnapping children” easier.
As California lawmakers head back to Sacramento, a state Senate panel is expected to advance Assembly Bill 495, known as the Family Preparedness Plan Act of 2025, a bill that supporters claim would expand child welfare protections by legally recognizing caregivers and providing children with access to family services without unwanted disruptions.
Introduced by Assemblywoman Celeste Rodriguez, D-San Fernando, AB 495 identifies what it calls “unique challenges faced by immigrant families” due to the Trump administration’s mass deportation efforts, which, the bill states, poses a risk of “widespread family separations and disrupt caregiving stability for children under 18 years of age.” By allowing caregivers to make decisions about a child’s education and medical care, AB 495 establishes streamlined processes for short-term guardianships and caregiver authorization affidavits.
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The bill also expands the definition of a “caregiver” to include “nonrelative extended family members,” defined as “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.” Critics, including the California Family Council, argue this category is too loosely defined, potentially allowing unqualified individuals to assume significant responsibilities.
Under the Caregiver’s Authorization Affidavit, caregivers would be empowered to make decisions about their education, medical, dental, and mental health treatments — including sex-change procedures — without requiring a court appearance, notarization or parental signature.
According to Rodriguez’s office, roughly 45% of all children in California have at least one immigrant parent, with approximately a million children having at least one parent who is in the country illegally. Approximately 133,000 children in public schools statewide are in the U.S. illegally.
“The threats from the federal administration have led to fear in many communities, including mine,” Rodriguez said upon introducing the bill earlier this year. “We must do everything we can to safeguard families from separation and ensure children are supported. AB 495 is a critical tool that will preserve California’s families.”
Warning the bill “attempts to create streamlined guardianship by allowing a “non-relative extended family member” defined broadly as anyone with a “mentoring relationship” to assume control over a child through a one-page affidavit, CFC Vice President Greg Burt says the lack of a court review, notarization, or even parental consent is troubling.
“We affirm the importance of keeping children safe and families together, if you can, in times of crisis. But compassion without guardrails is not mercy, it is madness,” said Burt. “The notion that compassion must come at the expense of parental rights and child safety is a false dichotomy.”
If passed by the Legislature, the bill requires the Attorney General to develop model policies by April 1, 2026, to limit immigration enforcement cooperation at childcare facilities, purportedly to ensure “that day care facilities remain safe and accessible to all California residents, regardless of immigration status.”
