California AB 495 Seeks to Expand Caregiver Authority for Children of Temporarily Absent Parents, Sparks Parental Rights Debate

Sacramento, California – California Assembly Bill 495, known as the Family Preparedness Plan Act of 2025, aims to establish clearer legal pathways for the care of children whose parents may become temporarily unavailable. The legislation, introduced by Assembly Member Celeste Rodriguez, seeks to prevent family separations and ensure continuity in children's education and healthcare, particularly for immigrant families facing potential immigration-related administrative actions. However, the bill has drawn sharp criticism from parental rights advocates, including Lance Christensen, who alleges it could facilitate "kidnapping & trafficking of kids."

The bill proposes expanding the scope of caregiver authorization affidavits to include "nonrelative extended family members," allowing these individuals to enroll minors in school and consent to school-related medical care. Furthermore, AB 495 introduces a new form of joint guardianship, permitting a custodial parent to nominate a temporary guardian without relinquishing their parental rights. This temporary guardianship would become active upon specified events such as a serious medical condition, military service, incarceration, or immigration-related administrative action. The legislation also mandates that court records for these joint guardianships remain confidential, preventing disclosure to federal immigration authorities without a specific court order.

Critics argue that the bill undermines fundamental parental rights. Lance Christensen, Vice President of Education Policy & Government Affairs at the California Policy Center, voiced strong opposition on social media, stating, > "If you want to see gaslighting on full display from the #caleg, check out the debate on concurrence for AB 495. This bill would allow for the kidnapping & trafficking of kids. Democrats support this bill." The California Family Council, a conservative advocacy group, echoed these concerns, asserting that the bill enables non-parents to gain authority over children without explicit parental consent and compels schools and medical providers to accept affidavits without verifying parental approval.

Lance Christensen, a former Republican candidate for California Superintendent of Public Instruction, is a known advocate for parental rights and school choice. His organization, the California Policy Center, frequently critiques state policies it deems overreaching or detrimental to families. Supporters of AB 495, including co-sponsors Alliance for Children's Rights and Public Counsel, contend that the bill provides essential legal tools to protect vulnerable children and maintain family stability in challenging circumstances, ensuring access to vital services when a parent is unexpectedly absent.