What is AB 495, The Family
Preparedness Act?

According to the author of the bill, Assembly Member Rodriguez, this bill was written to help immigrant families and provide directives should the parent(s) be detained by Immigration and Customs Enforcement (ICE), and a child is left unattended during that time.

Is this bill just for immigrant children?

No. While it’s marketed as helping in cases where parents of immigrant children are detained, its reach is far wider. AB 495 allows any adult, family or not, to claim authority over a child and make decisions on their behalf using the Caregivers Authority Affidavit (CAA). There is nothing in the bill limiting it to immigrant children, and its vague language leaves the door wide open for misuse and exploitation.

Does this bill only affect kids in public schools? What about private and homeschool children?

No, it affects public, private, and homeschooled students. While AB 495 explains how public schools should handle the affidavit, the bill’s power goes far beyond education. Any adult, without parental consent, could claim authority over a child’s schooling, medical care, and more, regardless of whether the child is in public, private, or home school.

Surely, AB 495 has legal safeguard to protect children.

The so-called “safeguard” is weak and meaningless. The affidavit doesn’t require notarization, and “verification” can be as flimsy as providing a Social Security number or driver license number—not even the actual card. No background checks. No proof of identity. Hospitals, doctors, and schools are not required to verify the claim. In short, anyone that fills out the affidavit could take control over a child and authorize irreversible medical procedures without parents ever knowing.

Could this bill be misused to harm children?

Yes, easily. AB 495 lets almost anyone claim authority over a child with minimal proof. That power covers school, medical care, and even moving the child into a new home. It includes consenting to irreversible medical interventions without parental consent. With vague definitions of “relative” and “nonrelative extended family member,” predators or traffickers could easily exploit it. Human trafficking is one of the fastest-growing criminal enterprises—this bill makes their job easier.

Isn’t this bill just to help in special cases, like if parents are detained or can’t pick up their child from school?

No. AB 495 applies to all children, in any situation, not just when parents are detained by immigration authorities or unavailable after school. The problem of kids needing temporary care is already solved by allowing parents to give the school a pre-approved list of emergency contacts, people the parents themselves have chosen and authorized. AB 495 doesn’t fill a gap; it creates a dangerous loophole. With just one piece of paper and no verification of relationship, any adult, who fills out an affidavit can gain control over a child. This opens the door to kidnapping, trafficking, and abuse, while doing nothing to genuinely protect immigrant children.

Could AB 495 be unconstitutional?

Yes. It violates parents’ fundamental rights to direct their children’s upbringing, education, and medical care. It offers no due process—no notice, no opportunity to object. It grants authority to unrelated adults, effectively stripping parents of their rights. Worse, it allows the state to override parents based on a vague “life, health, or safety” standard, which can be twisted and abused.