Californias Caregiver Crisis: Bold Expansion Plan Crumbles Under Fierce Backlash!

Written by Published

In a recent development, a California bill, AB 495, designed to broaden the scope of who can serve as a caregiver, particularly for children of illegal immigrant families, was put on hold on Monday following a hearing by the state Senate Appropriations Committee.

The bill, introduced by Democratic Assemblymember Celeste Rodriguez in February, is also known as the Family Preparedness Plan Act of 2025. It seeks to extend the ability to execute a caregiver's authorization affidavit to a "nonrelative extended family member," thereby empowering them to authorize school-related medical care.

The legislation was approved by the Assembly floor in June before being presented to the Senate Appropriations Committee for Monday's hearing.

However, the committee announced the bill's suspension after facing resistance from voters during the hearing. As reported by the Daily Caller, the suspension serves "as a way to consider the fiscal impacts to the state of legislation as a whole," according to the committee's website.

Despite objections from parental groups, Democrats have staunchly defended the bill, arguing it is vital for the protection of illegal immigrant families and children who are at risk of deportation. In July, the Los Angeles City Council passed a resolution in support of the legislation. Councilwoman Imelda Padilla emphasized the importance of having a plan in place to prevent child separation, stating,

"No child should face separation without a plan, and no family should be left vulnerable. Creating a family action plan is incredibly important, especially in a time when our hardworking immigrant families are being unfairly targeted and forced to live in fear."

The bill's text indicates that it would permit a court "to appoint a custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, if the custodial parent will be temporarily unavailable due to specified circumstances, including, among other things, an immigration-related administrative action, as specified."

The legislation aims to modify California's Family Code Section 6550, which defines who can be considered a minor's caregiver.

The proposed amendment to the bill reads, "A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code."

The caregiver, whether a relative or nonrelative extended family member, may authorize mental health treatment subject to the limitations of Section 2356 of the Probate Code.

The affidavit outlined in the bill, which spans a single page, requests basic information about the minor before asking the "relative or nonrelative" caregiver to confirm whether they have notified the parent without objection or were unable to contact the parent. The only identification required is a driver's license, state ID card, or government-issued consular card number, as per the affidavit. Importantly, the affidavit clarifies for school officials and healthcare providers that a "parent's signature, seal, or court signature is not required."

While Democrats' concerns about illegal immigrants arise from the Trump administration's crackdown, parental rights groups in California have cautioned that the bill could potentially facilitate human trafficking in the state. Erin Friday, an attorney and President of Our Duty-USA, criticized the legislation as "a child trafficker's and kidnapper's dream," arguing that it lacks safeguards for minors or those who may be appointed as their guardian, according to a press statement.

"There is no background check, no welfare check, no court oversight, and no verification. All you need is a piece of paper and some form of identification, with no obligation for the adult handing the child over to verify the identification, and presto, someone walks away with your child," Friday said.

The timeline for when the bill could be lifted from suspension and presented to the Senate for a full official vote remains uncertain.