California Bill AB 495 Expands Caregiver Rights

California is looking to expand the definition of caregivers through a new bill, AB 495, particularly focusing on children in undocumented families. This legislation, introduced in February by Democrat Celeste Rodriguez, is also dubbed the Family Preparation Planning Act of 2025.

The bill proposes changes to caregiver approval affidavits to include “non-related extended families,” allowing them to take on school-related healthcare decisions for minors. After passing through the Congress floor in June, it was put on hold by the Senate Budget Committee during a recent hearing, which aimed to assess the financial implications of the law across the state.

Despite facing criticism from parent organizations, Democrats defended the bill as essential for protecting the rights of families and children who might be at risk of deportation. In July, the Los Angeles City Council adopted a resolution supporting the measure, with Councillor Imelda Padilla emphasizing the need for a family action plan to prevent separations that could leave families vulnerable.

“Children should not face separation without a plan,” Padilla commented, underscoring the importance of creating strategies for immigrant families living under constant fear of deportation.

The language in the bill indicates that if custodial parents become temporarily unavailable for any reason, they can appoint someone else—possibly a non-relative—as a temporary co-parent for their children. This adjustment aims to amend California Family Code Section 6550.

The proposed amendment asserts that caregivers who complete the required affidavits will have the same rights as parents regarding medical and dental care for minors. This includes mental health treatment, subject to existing regulations.

Interestingly, the affidavit outlined in the bill would require caregivers—whether relatives or not—to provide basic identification information about the minors, but it doesn’t necessitate parental signatures for school or healthcare providers. This raised concerns among some critics, who fear it could unwittingly facilitate child trafficking.

Opponents, including legal representatives like Erin Friday, have sharply criticized the bill, arguing it lacks essential safeguards for minors. Friday pointed out that there are no required background checks or welfare assessments for individuals assuming care roles.

As of now, it’s unclear when the Senate will revisit the bill for further consideration.