How AB 495 Puts Your Kids at Risk
Assembly Bill 495, the so-called Family Preparedness Act, has already passed the California Assembly and is expected to move through the Senate before landing on the Governor’s desk this fall. Its author frames it as a compassionate reform aimed at helping children whose parents, specifically illegal immigrants, are detained or deported, giving schools a faster way to ensure kids are cared for. But conservative groups are sounding the alarm, warning that the bill could put children at risk, make human trafficking easier, and further erode parental rights in the state. Today, I’m breaking down exactly what AB 495 does, and of course, giving you my full take on why it matters.
Details of AB 495
Assembly Bill 495, known as the “Family Preparedness Act,” was introduced in February of this year in response to the immigration enforcement activities being carried out by federal officials throughout California.[1] As we’ve discussed in past episodes, the Trump Administration has taken a hard stance on illegal immigration, specifically targeting sanctuary states – which California is – and sanctuary cities – which multiple cities in California are, Los Angeles included. This has sparked protests across California, as we continue to hear about ICE raids and illegal immigrants being detained for deportation.
What AB 495 seeks to address is what happens to the children of illegal immigrants who are detained or deported. The bill was introduced by Celeste Rodriguez, who represents the district covering the city of San Fernando in LA County. She said about the bill,
“We are witnessing families being torn apart in real time - parents detained, unable to pick up their children from school and childcare. This bill is not just about planning; it’s about creating a safety net. It’s about making sure immigrant and mixed status families have the support they need to minimize further trauma should they find themselves in this situation.”[2]
So, how exactly does it accomplish those goals? What does this bill do? AB 495 creates a new process for parents to designate someone to take custody and care of their children for a temporary period, without relinquishing their parental rights.[3] According to the text of the bill, a “nonrelative extended family member” can fill out a one-page affidavit that gives them the power to take temporary custody of the child, make decisions for their school enrollment, and authorize school-related medical care.[4] This affidavit does not have to be signed by the child’s parents, but providing the name and birthdate of the child is enough to authorize the document.
Let’s say you were an illegal immigrant living in your community, and you drop your child off at school on Monday morning and then go off to work. If ICE showed up at your workplace and detained you, you might be worried about what would happen to your child – who will pick them up from school? How will they know what happened to you? How long will you be separated, and who will make school and medical decisions for them if you are deported? Under this bill, you could call a close friend – someone you trust to watch your child and who you know could help them navigate what is happening to you – and ask them to go pick up your child. Once they get to the school, they just have to fill out the affidavit, and then they can take your child home with them, look after them, and help you as you navigate next steps. They wouldn’t need to already be on your child’s official pick-up/emergency contact list. Once they fill out the affidavit at the school, it would give them immediate authority to take your child, and temporary legal authority to make school-related and possibly medical decisions for your child while you’re detained.
That’s the idea behind this bill, and unsurprisingly it’s fully supported by Democrats in our state. AB 495 passed in the Assembly by a vote of 62 to 7, with all Assembly Democrats voting yes, two Republicans voting yes, seven Republicans voting no, and ten Republicans withholding a vote on it.[5] Supporters of the bill echo much of the same language that Rodriguez used to describe it, highlighting AB 495 as compassionate legislation. LA City Councilwoman Imelda Padilla praised it, saying, “This bill empowers our communities to prepare by relying on trusted family members, friends, and neighbors in moments of crisis. This is the kind of compassionate, collaborative policy we need across all levels of government, because unity is our strongest defense.”[6]
Existing Law
What exactly is the current process in place for these types of situations? Under current California law, what would happen if a child’s parent was detained or deported while they were at school? Well, I’m sure you are familiar with the concept of emergency contacts. Every parent is asked to designate emergency contacts for their child at their school, and so if something happens to the parent or if they never show up to pick up their child, the school will then contact those designated adults to arrange for pickup and further care.
For parents who are concerned about illegal immigration enforcement, there is also a legal process called standby guardianship by which they can choose someone to be on “standby” as their child’s guardian in case they are detained. This is a legal process that requires a formal application and goes through the family court process and must be approved by a judge.[7]
If parents have not designated emergency contacts or standby guardians, then they will contact Child Protective Services. A social worker will then take temporary protective custody of the child, as they do with any child whose parent is separated from them. This is the same process for if a parent is arrested, or if a parent overdoses on drugs, or for any other reason that a parent could not care for their child – it’s the reason we have CPS in the first place. They will try to contact a relative or close family and screen them for basic safety checks, which would be called kinship care. If no family can be reached, then the child would be placed in emergency foster care until their parent is released, or until the custody case moves forward in court. In all of this, the parent still retains their parental rights, and even if deported, CPS still works toward reunification – even if it means facilitating reunification in the parent’s home country. So, as the law stands right now, schools can’t just hand a child over to a friend the parent calls in a crisis — the adult must already be listed or have legal authority. If no authorized adult is available, CPS is almost always called.
That is the gap that AB 495 is supposedly meant to fill: avoiding a CPS intervention by allowing a same-day affidavit pickup by a close friend or trusted adult. And the argument follows that the new system set up under AB 495 is more compassionate than the current system because it’s more compassionate to keep kids out of foster care and keep them with adults who they most likely know and feel comfortable with.
Red Flags, Child Endangerment, & Real Life Outcomes
AB 495 is one of the most dangerous, reckless, thoughtless, senseless, wicked bills that I have covered to date – and that is saying something because I’ve researched and responded to some atrocious bills! I struggle to know where to even begin in highlighting the hazards that this bill creates for children, and how far it goes in absolutely demolishing parental rights in our state.
I’ll attempt to summarize in three points: this bill is dangerous, this bill is unnecessary, and this bill is foolish.
Starting with the danger. AB 495 makes California law such that any adult who knows the name and birthdate of a child in public school can sign one sheet of paper that gives them the authority to take temporary custody of them, make decisions about their school enrollment, and make medical decisions for them. There is no court review, no notarization, no identification, and no parental consent required. [8] When looking at the actual text of the bill, it’s easy to flag so many issues. For instance: (the following list cited from California Family Council[9]):
The language expands the definition of the term “caregiver” to include “nonrelative extended family members.” This is such a broad and undefined category, that basically any adult who claims relationship to the family and the child can qualify for this affidavit.
It provides blanket authorization over decision-making for a child’s schooling and medical care without parental consent or approval, without the consideration of a judge, without a background check or basic safety protocols, and without even verifying the person’s identification. This is absolutely insane – think for a second about the grueling steps that foster parents or adoptive parents have to go through to be approved to take custody of a child in the state of California. We’re talking in-depth interviews, background checks, identity verification, home visits, and a lengthy approval process before even considering placing a child in their home. Listen to some of the things that disqualify you from being a foster parent:
Any criminal history,
Financial instability,
No working smoke detectors,
Lack of a fire extinguisher,
Pools without a proper fence around them,
Trash buildup in the home or overall poor sanitation,
No safe sleeping arrangements, like overcrowding multiple children in a bed or mattresses on the floor,
I mean the bar for foster parents includes checking for all of these seemingly basic yet very important things, and yet the state is perfectly fine with these children, children whose parents may be detained or deported for who knows how long, the state is fine with sending them home with someone who may have a criminal record, who may not be financially able to support the child, or who may not have the space or meet the basic safety requirements to take care of the child. It’s completely reckless.
But that isn’t even the words of it, because this affidavit also “grants caregivers the legal ability to enroll a child in school and authorize medical, dental, and mental health treatments, including treatments related to school participation.”[10] Those are HUGE decisions that could absolutely be abused by anyone with bad intent. And let’s note that these aren’t minor decisions, this includes medical care as significant and weighty as sex trait modification procedures.
One outspoken group against the bill is the California Family Council, who “warns it dangerously redefines guardianship, strips away parental rights, and creates legal loopholes that make kidnapping children easy.”[11] Nicole Pearson, an attorney, warns:
“California wants to let someone that is not related to your child remove her from school, enroll her in any other school in the state, authorize any medical treatment of her, including mental health services and drugs, without the parents’ notice and knowledge or consent. This is not fearmongering…. These unintended consequences are terrifying, and they are unavoidable. This is not a compassionate bill designed to help the children of undocumented immigrants. It is a license to take vulnerable children and make them disappear.”[12]
And she is absolutely right. This bill is incredibly dangerous because it has ramifications and implications far beyond its original intent. Implications that cannot and should not be ignored in the name of compassion.
But AB 495 isn’t compassionate, because the situation it is supposedly addressing already has a solution, making AB 495 completely unnecessary. We have a process in California already for how to help and take care of children whose parents are separated from them, for whatever reason. Critics argue that the process is long and requires things like court appearances and a judge’s approval – but those are the steps that are critical to ensuring the child’s safety. Handing over custody of a child should NOT be an easy, or quick, or approval-free process. Arguably, it SHOULD be long, it should require a lot of eyes on the situation from qualified professionals, it should be slow – all to make sure that whoever is caring for that precious child is actually a safe and qualified person to oversee their care. Supporters of this bill argue that a lengthy legal process isn’t kind to a child, but is it kinder to hand them over to a stranger without any verification, background check, or virtually any other commonsense step that would make sure they won’t be abused, harmed, or killed? The process AB 495 is not nice, it is not compassionate, it is not the more loving or more Christian option, and it is not necessary.
What AB 495 actually is, at the end of the day when all is said and done, is foolish. It is completely foolish to think this law will not be abused by human traffickers, criminals, abusers, and other bad actors. It is completely foolish and ignorant and blind to ignore the clear and present dangers. The number one rule of safety that we teach our children in society is about stranger danger – don’t go with a stranger, run or scream or fight if a stranger tries to have you come with them – but California legislators want to make it the LAW that public schools just hand children over to people they don’t know, won’t check, and haven’t been explicitly told by the parents are safe people to hand their child over to. That is the idea of fools.
Not to mention how blind this is to clear and present danger all around us. Listen to these real-life scenarios outlined by parents who are speaking up in opposition to the bill. One mother writes:
“My ex tried to take our son out of school without my permission. I’m in a custody dispute. A few months ago, my ex’s friend, who is not a legal guardian, tried to pick up our son from school. Thankfully, the school called me first. But under AB 495, that person could have just shown an affidavit and ID and walked away with him. I cannot believe this is being considered as law.” [13]
Or take the testimony of someone working in child protection:
“This bill makes it easier for predators to hide. As someone who works in child welfare, I’ve seen predators use fake relationships to gain access to kids. AB 495 gives legal cover to that. No fingerprints, no background check, just an affidavit? We don’t even let volunteers in a classroom without vetting, but this bill would let someone make medical decisions for a child?”[14]
Democrats consistently talk about speaking up and fighting for the rights of vulnerable and marginalized people groups – but there is no group more vulnerable than our children. The safety and protection of all children in the public school system MUST take priority over the – by comparison – rare circumstance of a detained parent. Greg Burt, the Vice President of California Family Council put it this way, “[AB 495] undermines every safeguard we have in place for child welfare and does so in the name of compassion. But compassion without guardrails is not mercy, it is madness.”[15]
It is a completely false idea that we cannot have compassion for illegal immigrant parents who find themselves in this situation without completely abolishing parental rights and child safety. Those things do not have to be in opposition to each other. We can absolutely have compassion, and work within the legal system we have to fight for reunification of all families, while still recognizing the sheer magnitude of how important it is to keep every single child safe from kidnappers, predators, and traffickers. This is not and should not be a bipartisan issue. This is not a conservative perspective. All parties on all different sides of the political aisle should stand behind the safety of the 91% of children in California who attend public school[16] – because their safety is at stake and they are who will be directly affected by this bill if it passes.
Call to Action
So, what can we do?
First, we can write to our legislators and let them know our opposition to this bill. I have links below and a sample letter for you – PLEASE take the time to do this! We can also band together and sign a petition, which I’ve also included below for you. We have to make our voices heard.
But then, if the bill passes, what do we do from there?
Well, we don’t run away from the problem, but we address it. As a parent on the individual level, you must seriously consider the safety of your child and risk posed to them if they are in public school. This is not the time to play with their protection. I could not in good conscience ever recommend that you leave them in public school under this kind of law. So, being armed with the facts and information that you now have, seriously consider the best path for your family moving forward. As a community member on the holistic, statewide level, you must also consider how to pushback on this egregious act by our government. You do that by starting small and effecting real change around you.
This means raising awareness and spreading the word so that more parents know and speak up. This means voting in every single election, no matter if you think it will change anything or not – you HAVE to vote! Vote out wicked representatives who support this bill and vote in leaders who will protect children and your parental rights. This also means voting with our dollars and with our feet – for example, if you choose a charter school for your child instead of public school, this sends a clear message to educators and lawmakers that you will not entrust your child’s life to their care. If enough families – regardless of whether their conservative or liberal – pulled their kids from public education on the basis of this law and others like it that endanger their children, that would send a HUGE message to our leaders.
I know that bills like this make everything look bleak. Even in researching this topic, I was weeping over the current state of California and the poor decisions of our leaders. But we have to take the next step, in faith, to do the right thing for our families and for other people’s kids and for truth and justice, and those small steps will compound to make real change around us.
What we cannot do close our eyes, disengage, and throw up our hands. We cannot look away from this. Choose today, with your eyes wide open, to stand firm, speak boldly, and protect the next generation. Refuse to let apathy win. Refuse to surrender your voice. And resolve that no matter how dark things get, you will be a light in your community.
Resources:
Please contact your representatives about this bill today! See my article on how to find your legislators here:
Use my pre-prepared letter template for what to say:
Lastly, take a moment to sign this petition, making your voice heard on the bill:
References:
[1] CalMatters. “AB 495: Family Preparedness Plan Act of 2025.” Digital Democracy, August 7, 2025. https://calmatters.digitaldemocracy.org/bills/ca_202520260ab495.
[2] Assemblymember Celeste Rodriguez, California Assembly District 43. “Support Grows for Assemblywoman Celeste Rodriguez’s Bill AB 495 as Immigration Raids Hit Los Angeles,” July 17, 2025. https://a43.asmdc.org/press-releases/20250717-support-grows-assemblywoman-celeste-rodriguezs-bill-ab-495-immigration.
[3] Robertson, Deeanna. “Proposed California Law AB 495 Aims to Help Immigrant Families Plan in Case of Separation.” KCRA, August 6, 2025. https://www.kcra.com/article/california-ab-495-family-preparedness-act-temporary-guardianship/65616611.
[4] Wickham, Esther. “Opponents Warn California Bill Lacks Parental Consent, Background Checks, Oversight,” August 8, 2025. https://www.thecentersquare.com/california/article_a10cceca-9fbb-4a65-ae8d-4ae193e6d43a.html.
[5] CalMatters, “AB 495: Family Preparedness Plan Act of 2025.”
[6] “Support Grows for Assemblywoman Celeste Rodriguez’s Bill AB 495 as Immigration Raids Hit Los Angeles.”
[7] Immigrant Defense Project. “A Guide for NY State Attorneys & Advocates,” 2019. https://www.immigrantdefenseproject.org/wp-content/uploads/Standby-guardianship-resource.pdf
[8] Wickham, Esther. “Opponents Warn California Bill Lacks Parental Consent, Background Checks, Oversight,” August 8, 2025. https://www.thecentersquare.com/california/article_a10cceca-9fbb-4a65-ae8d-4ae193e6d43a.html.
[9] California Family Council. “Critics Slam AB 495’s Threat to Parental Rights.”July 23, 2025. https://www.californiafamily.org/2025/07/presto-someone-walks-away-with-your-child-critics-slam-ab-495s-threat-to-parental-rights/.
[10] Ibid.
[11] California Family Council, “Critics Slam AB 495’s Threat to Parental Rights.”
[12] Ibid.
[13] Grizzle, Dakota. “Stop AB 495 - Protect Parental Rights & Child Safety in California.” Change.org, August 4, 2025. https://www.change.org/p/stop-ab-495-protect-parental-rights-child-safety-in-california?source_location=psf_petitions.
[14] Ibid.
[15] California Family Council, “Pastor Jack Hibbs Rallies Parents to Sacramento: If AB 495 Passes, ‘Run With Your Kids,’” August 4, 2025, https://www.californiafamily.org/2025/08/pastor-jack-hibbs-rallies-parents-to-sacramento-if-ab-495-passes-run-with-your-kids/.
[16] “Fingertip Facts on Education in California - Accessing Educational Data (CA Dept of Education),” n.d. https://www.cde.ca.gov/ds/ad/ceffingertipfacts.asp.
