A new California parental guardianship bill is under attack from parents’ rights groups.
On Monday, there will be a California Senate Appropriations Committee hearing on Assembly Bill 495, which was written to address short-term guardianship for children whose parents are detained by immigration authorities. AB 495, which broadens the scope of who can serve as a child’s caregiver, has received pushback from parental rights advocates worried about its implications for custody transfers.
California Assemblywoman Celeste Rodriguez, a Democrat, wrote the bill, called the Family Preparedness Plan Act of 2025, as a safeguard to ensure children have an authorized caregiver in the wake of increased Immigration and Customs Enforcement arrests and raids under the Trump administration. The bill would allow parents to designate someone, including a “nonrelative extended family member,” as the short-term joint guardian of their children.
“If a custodial parent will be temporarily unavailable due to specified circumstances, including, but not limited to, a serious medical condition or disability, military service, incarceration, or an immigration-related administrative action, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor,” the bill reads.
This temporary caregiver would be allowed to enroll the child in school, give consent to school-related medical care on the minor’s behalf, and have the same rights as the child’s guardian to authorize medical and dental care.
The act notes that the wishes of the parent or legal guardian do override those of the authorized caregiver. But any authorized caregiver “who acts in good faith reliance” for medical or dental care decisions is not subject to criminal or civil liability if they go against the parent’s or legal guardian’s wishes, as long as they were truly unaware of their wishes. The caregiver’s authorization affidavit is invalid if the minor stops living with them, according to the act.
Several parental rights advocates have been critical of what they see as loopholes that malicious people could exploit. Jack Hibbs, a popular Chino-based pastor, posted on his social media that AB 495 is “the most dangerous bill we’ve ever seen”. He pointed to the fact that a parent’s signature is not required on the caregiver’s authorization affidavit.
The California Family Council has also criticized the process, noting that the affidavit warns three times that the parental or court seal or signature is not required. The Home School Legal Defense Association has also spoken out against the bill for its broader scope on who can qualify as a caregiver. He called for those opposed to the bill to protest at the State Capitol building at 1 p.m. on Tuesday.
Children’s rights groups, such as the Alliance for Children’s Rights and Public Counsel’s Child Youth and Family Advocacy Project, have co-sponsored AB 495 with Rodriguez.
“AB 495 advances the goal, and the necessity, of supporting children and families in their communities. It promotes parent engagement in making the hard decisions that are best for their family and provides options to help support them in times of crisis,” Alliance for Children’s Rights President and CEO Jennifer Braun said in a press release.
The Los Angeles City Council also passed a resolution supporting the proposed bill.
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The bill awaits a hearing on Monday in the Senate Appropriations Committee. If it passes through the third Senate committee, it will head to the Senate floor for a full vote. According to the California Republican Assembly, if the bill gets through the Appropriations Committee, the full Senate is likely to greenlight it as well. If passed through the full legislature, it will then head to Gov. Gavin Newsom’s (D-CA) desk.
The deadline for each chamber to pass any bill is Sept. 12, while the last day for Newsom to veto bills or sign them into law is Oct. 12.