CA AB 495

Title: Family Preparedness Plan Act of 2025.
Author: Celeste Rodriguez

Summary
AB 495, as amended, Celeste Rodriguez. Family Preparedness Plan Act of 2025. (1) Under existing law, a caregiver who is 18 years of age or older and signs a caregiver’s authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregiver’s authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law. Existing law requires a caregiver to notify any school, health care provider, or health care service plan that has been given the affidavit if the minor stops living with the caregiver. Under existing law, a caregiver’s authorization affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.This bill, the Family Preparedness Plan Act of 2025, would instead provide that a caregiver’s authorization affidavit is valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. The bill would require that, in any case, the caregiver’s authorization affidavit would not be valid for more than one year after the date on which it was executed.The bill would also expand the type of person who is authorized to execute a caregiver’s authorization affidavit to include a “nonrelative extended family member,” as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregiver’s authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.This bill would amend the statutory form for a caregiver’s authorization affidavit.(2) Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate. Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified.This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, to appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings to be confidential, as specified, and would prohibit this information from being disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order, as specified. The bill would also make these proceedings closed to the public, except as specified.The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nominat

Status
Re-referred to Com. on JUD.

Bill Documents
CA AB 495 - 03/24/25 - Amended Assembly
03/24/25 - CA AB 495 (03/24/25 - Amended Assembly)