A California bill, AB 495, which aims to expand who can act as a caregiver —specifically for children of illegal immigrant families — was moved to suspension Monday after a hearing by the state Senate Appropriations Committee.
Introduced by Democrat Assemblymember Celeste Rodriguez in February, AB 495, also known as the Family Preparedness Plan Act of 2025, would expand who can execute a caregiver’s authorization affidavit to include a “nonrelative extended family member,” granting them the same rights to authorize school-related medical care. The bill passed the Assembly floor in June before being brought to the Senate Appropriations Committee for Monday’s hearing.
Following pushback from voters during the hearing, the committee announced the bill would be moved to suspension, which serves “as a way to consider the fiscal impacts to the state of legislation as a whole,” according to its website.
Despite opposition from parental groups, Democrats have defended the measure as critical to protecting illegal immigrant families and children at risk of deportation.
In July, the Los Angeles City Council passed a resolution supporting the legislation, with Councilwoman Imelda Padilla saying that no child “should face separation without a plan.”
“No child should face separation without a plan, and no family should be left vulnerable. Creating a family action plan is incredibly important, especially in a time when our hardworking immigrant families are being unfairly targeted and forced to live in fear,” Padilla said.
According to the bill’s text, it would allow a court “to appoint a custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, if the custodial parent will be temporarily unavailable due to specified circumstances, including, among other things, an immigration-related administrative action, as specified.” Notably, the legislation seeks to amend California’s Family Code Section 6550, which outlines who may be considered a minor’s caregiver.
“A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code,” the bill’s amendment reads. “The medical care authorized by this caregiver who is a relative or a nonrelative extended family member may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.”
The one-page affidavit outlined in the bill requests basic information about the minor before asking the “relative or nonrelative” caregiver to check whether they have notified the parent without objection or were unable to contact the parent. The only identification required is a driver’s license, state ID card, or government-issued consular card number, according to the affidavit.
Notably, the affidavit states for school officials and health care providers that a “parent’s signature, seal, or court signature is not required.”
While Democrats’ concerns regarding illegal immigrants stem from the Trump administration’s crackdown, parental rights groups in California have warned the bill could pave the way for human trafficking in the state.
Attorney and Our Duty-USA President Erin Friday slammed the legislation as “a child trafficker’s and kidnapper’s dream,” arguing it provides no safeguards for minors or who may be appointed as their guardian, according to a press statement.
“There is no background check, no welfare check, no court oversight, and no verification. All you need is a piece of paper and some form of identification, with no obligation for the adult handing the child over to verify the identification, and presto, someone walks away with your child,” Friday said.
It is unclear when the bill could be moved from suspension and to the Senate for a full official vote.
(Featured Image Media Credit: maerzbow via Flickr)
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