California Bill Aims to Protect Illegal Immigrants’ Children by Easing Guardianship Rules, But Critics See Risks

AB 495 broadens the pool of potential caregivers to include ‘nonrelative extended family members.’ Opponents say strangers could take custody of your child.

A man is detained by Immigration and Customs Enforcement agents in Los Angeles on Oct. 14, 2015. John Moore/Getty Images

A bill making its way through the California state Legislature would make it easier for children to be temporarily placed under the care of guardians other than their parents.

Assembly Bill 495, also called the Family Preparedness Plan Act of 2025, is aimed at protecting children of illegal immigrants and allowing “nonrelative extended family members” to act as caregivers if parents are unavailable due to immigration issues. Critics argue the bill has gaping holes that put children—and parental rights—at risk.

The bill, which passed the Assembly and will be heard in the state Senate Appropriations Committee on Aug. 18, expands caregiver authorization and joint guardianship to ensure children’s medical and dental needs are met in the event their parents are detained or deported by immigration officials.

The bill would go into effect on July 1, 2026.

AB 495 was introduced by Assemblywoman Celeste Rodriguez, a Democratic representative serving parts of eastern San Fernando Valley, with the goal of easing challenges faced by children of illegal immigrants and mixed-status families in the event of their detainment or deportation.

AB 495 broadens the type of person able to execute a caregiver authorization affidavit for a minor. Under the bill, the authority would expand to include “nonrelative extended family members,” who are defined as adults with an established familial or mentoring tie to the child or a relative. According to the affidavit, that would include teachers, medical professionals, clergy, and family friends.

They would be empowered to execute the affidavit without parental signature or court approval, thereby having authority to enroll minors in school and consent to medical and dental care for up to six months. The form is renewable.

The bill would also bar daycare facilities from collecting information on immigration status of children or their family members.

Rodriguez touted the bill as protection for vulnerable children.

“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,” Rodriguez said in a statement introducing the bill.

She did not return a request for comment.

Critics argue the new bill could lead to child trafficking or abuse.

Jack Hibbs, founding pastor of Calvary Chapel Chino Hills, called the bill “dangerous” in an X post.

“This bill would allow any non-related adult, a neighbor, teacher, ex-relative, or even a complete stranger, to take custody of your child without your knowledge or consent. No background check. No court order. No parent’s signature. Just a piece of paper.”

Greg Burt, vice president of California Family Council, also opposed the bill.

“Just imagine somebody coming across the border illegally,” he told The Epoch Times on Aug. 12. “They don’t know anybody here. They get a job, they put their kid in school, and then they’re taken and they don’t have anybody to give their kid to.”

Because of that social isolation, Burt says, children of illegal immigrants are vulnerable to human trafficking and sexual abuse by predators.

“We need to make sure that sexual predators and traffickers do not take advantage of those kids, and the best way to do that is to make sure parents are the ones deciding where that kid goes,” Burt says. “This form does not allow that.”

The California School Board Association states in its legal guidance that if a student’s parents are detained by immigration enforcement, school administration may release the student to persons listed under emergency contact “or to any individual who presents a caregiver’s authorization affidavit on behalf of the student.”

The person who relies on the affidavit has no obligation to make any further inquiry or investigation.

There are about 133,000 children who are illegally present in the country who attend California K-12 public schools.

AB 495 was introduced Feb. 10. On June 3, the bill passed 62–7 in the Assembly and was sent to the Senate.

The bill is coauthored by Assembly members Damon Connolly, John Harabedian, Ash Kalra, Alex Lee, Catherine Stefani and Rick Zbur.