California Governor Signs Law That Widens Access to Removing Children From School

The new law will also ban day care providers from collecting immigration information about the children or their parents.

California Gov. Gavin Newsom speaks at Belvedere Middle School before signing legislation aimed at improving kids' nutrition and health across California in Los Angeles on Oct. 8, 2025. The bill bans ultra-processed foods from school meals in the state. Mario Tama/Getty Images

A California bill that broadens access to signing children out of school and approving medical procedures for them was signed into law Oct. 12 by Gov. Gavin Newsom.

Supporters say the law protects families divided by deportation due to illegal immigration status, while critics warn it undermines parental rights and could lead to kidnappings and trafficking.

Under the new law, distant relatives or a temporary legal guardian designated by a parent via a family court can take children out of school and authorize their medical care. The law will also prohibit day care providers from asking for or keeping immigration related information about the pupils or their parents.

The author of Assembly Bill 495, Assemblywoman Celeste Rodriguez (D-San Fernando), said the law was needed to keep families together, especially those affected by recent deportations of illegal immigrants.

“This is a crucial step toward protecting children and families at a time when they are facing the terror of separation. By creating additional protections and tools that strengthen parental rights and community preparedness, we are ensuring that no child is left without a safety net and reinforcing California’s commitment to safety and compassion for all families,” Rodriguez said in a statement.

The governor said the new law, which takes effect Jan. 1, helps children and families feel safe.

“Our children deserve to feel safe at home, in school and in the community,” Newsom said in a statement. “We are putting on record that we stand by our families and their right to keep their private information safe, maintain parental rights and help families prepare in case of emergencies.”

Under the bill—dubbed the Family Preparedness Plan Act of 2025—“relatives” can fill out a one-page caregiver affidavit in order to remove a child from school, or enroll a child, and make medical decisions for the child.

Based on the bill’s broadened definition, a relative is “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.”

The schools are not required to verify the information on the form, nor is the form required to be notarized.

The new law also allows schools to help parents prepare safety plans for their children if they are separated because of federal immigration enforcement.

According to Newsom, nearly half of all children in California have at least one immigrant parent, and nearly 1 million U.S.-citizen children in California are at risk of being separated from a parent because of deportations.

The Coalition for Humane Immigrant Rights (CHIRLA) sponsored the bill.

Parents pick up their children at Paularino Elementary School, of the Newport-Mesa Unified School District, in Costa Mesa, Calif., on Aug. 21, 2023. John Fredricks/The Epoch Times

“CHIRLA is a proud cosponsor of this bill because every child deserves safety and protection, and every parent deserves the right to plan for their family’s future without fear,” CHIRLA director Angelica Salas said in a statement.

The legislation passed the Assembly on June 3 but sparked strong opposition among the state’s parental-rights advocates, including thousands of protesters who demonstrated in Sacramento in August. It passed the Senate in September.

Critics said Newsom’s decision to sign the legislation legalizes kidnapping and child trafficking.

“We all know AB 495 doesn’t protect anything but those who are trying to do harm to kids,” Sonja Shaw, a Chino Valley school board member and candidate for state school superintendent, said in a video posted on social media. “We need to wake up. AB 495 is absolutely horrific. It actually erases parents from the process if there is an emergency.”

Shaw encouraged parents to attend school board meetings and ask board members to put protections in place, or vote them out.

Jack Hibbs, founder and president of Real Life Network in Chino Hills, said the bill has grabbed national attention for a reason.

“This is the most egregious, dangerous bill for parental rights and child safety for California citizens,” Hibbs said in a video on X. “This is the bill that has been called by lawmakers as the California state-sanctioned kidnapping or trafficking bill.”

Sonja Shaw, president of Chino Valley Unified, speaks at a press conference outside the California state Capitol in Sacramento, Calif., on Aug. 14, 2023. Courtesy of California Family Council

Gubernatorial candidate Steve Hilton, a former FOX News host, said he was working with parents to put together practical tools to help protect their children “from what is in this appalling bill.”

“When I’m governor, I will find a way to overturn this bill,” Hilton said in a video.

Jonathan Keller, president of the California Family Council, also released a statement saying that the bill “does the opposite” of its stated purpose.

“AB 495 strips parents of their constitutional right and hands them over to unverified strangers,” Keller said in a statement. “It is unconstitutional, it is illegal, and no school or medical facility should recognize or accept the authority of a Caregiver’s Authorization Affidavit without a verified signature from a parent or legal guardian.”

Correction: A previous version of this article misstated the required procedure for a person who is not a child’s legal guardian and doesn’t fit the definition of relative in the Family Preparedness Plan Act of 2025 to assume the role of a caregiver for the child. The Epoch Times regrets the error.