A bill in California that expands the list of individuals who could assume a “caregiver” role over children without requiring parental notification has passed the state legislature and now sits on Governor Gavin Newsom’s (D) desk for his possible signature. Parental rights advocates are urging Newsom to veto the measure, which they say further undermines the rights of parents as the primary educators and decision makers for their children.
The legislation, titled the “Family Preparedness Plan Act of 2025” (AB 495), was introduced in February by Assemblywoman Celeste Rodriguez (San Fernando-D) and touted as a way for illegal immigrant children whose parents are detained to be able to live with a “caregiver.” The legislation originally allowed not only for distant relatives to make critical medical and mental health decisions for a child, but also “nonrelative extended family members,” which could include (but was not limited to) “teachers, medical professionals, clergy, neighbors, and family friends.” Experts noted that this was “legal pathway for predators” to exploit the law by presenting the required affidavit to school and government authorities with false information in order to take custody-like control of a child.
After considerable pushback against the legislation from parental rights advocates, the “nonrelative” language was removed from the bill. But experts point out that the legislation still allows for an adult “who has ‘affinity’ with a child to the ‘fifth degree of kinship,’ including stepsiblings, to assume custody-like control through a one-page ‘Caregiver’s Authorization Affidavit.’” Jonathan Keller, who serves as president and CEO of the California Family Council, says that the legislation is still a huge threat despite the revisions.
“A large reason for that is because even though they officially have removed that language and they are claiming that it’s not going to allow nonrelatives, the fact remains, number one, that you still do not need a parental signature,” he explained to The Washington Stand. “So, I mean, yes, it’s great that it theoretically can’t just be a person off the street that can do it. But if you’re removing the signature, that is fundamentally still an assault and an attack on parental rights.”
“In addition to that,” Keller continued, “the new version still will not require verification or notarization. There’s no real way of proving that the person who is presenting the affidavit is actually who they say they are. You’re essentially saying that even though someone has to say they are not a nonrelative family member, how do you prove that that person is not a nonrelative family member?”
As Keller went on to note, the bill also does not specify whether the legislation would only apply to children of illegal immigrants. “It could theoretically apply to someone who is a lifelong citizen,” he observed.
Despite the public outcry over the bill, which has included staunch opposition from numerous parental rights organizations such as California Family Council, the Home School Legal Defense Association, and a 6,000-person rally at the state capitol in Sacramento, the measure sailed through California’s legislature and currently sits on Governor Newsom’s desk. Newsom has until the end of September to sign or veto the legislation.
As to whether or not Newsom is expected to sign the bill into law, Keller stated, “I would say we don’t want to take anything for granted either way. We would encourage everybody who has signed any of the petitions or who has called their legislators to call and contact the governor’s office and firmly request a veto.”
Meanwhile, some pastors in the Golden State like Jack Hibbs of Calvary Chapel Chino Hills have suggested that if AB 495 becomes law, parents should “run with your kids” out of the state.
“I would say that’s going to be a decision for every family,” Keller emphasized. “And I’m going to say that even if the bill does pass, we believe that there are still legal avenues that we will be pursuing alongside our friends and allies to push back on this. We firmly believe that this bill is actually unconstitutional. And even if Governor Newsom foolishly signs it, we believe that that is not the last step for parents.”
