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Panel split over 'Family Preparedness Plan' bill as advocates and critics debate safeguards
Summary
AB 495, the Family Preparedness Plan Act, moved forward to Appropriations after supporters said it would protect children when parents are detained or deported; opponents warned the caregiver affidavit and joint guardianship process could be abused without stronger vetting and safeguards.
Assemblymember Celeste Rodriguez presented AB 495 — the Family Preparedness Plan Act — describing the bill as a response to federal immigration enforcement that leaves children at risk when parents are detained or deported.
Rodriguez said the bill would encourage families to prepare emergency guardianship plans, strengthen caregiver authorization affidavits to make them more broadly accepted for school enrollment and medical care, and create a joint guardianship process allowing parents to designate a trusted adult to serve as temporary guardian while preserving parental rights. The bill also would require the Attorney General to publish model policies limiting cooperation with immigration enforcement at childcare facilities and for local education agencies to adopt them.
Supporters including the Alliance for Children's Rights and the Coalition for Humane and Immigrant Rights said the bill would reduce trauma for children separated from parents, improve stability and reduce unnecessary child‑welfare involvement. Kristen Howard (Alliance for Children's Rights) and Alexandra Estrella (immigrant advocate) described real cases where parents were detained and children lacked clear caregiving plans.
Opponents — led by witnesses including Nicole Young (Moms for Liberty California) and Nicole Pearson (attorney, specializing in immigrant and anti‑trafficking law) — expressed strong concerns that the caregiver affidavit and the bill's broad definitions of "relative" and "non‑relative extended family member" could allow predators to obtain authority over children without adequate vetting, background checks, home visits or parental consent verification. Pearson cited federal examples of lost tracking and urged stronger procedural safeguards rather than a paper‑based shortcut.
The committee discussed the bill's provisions, including distribution of AG guidance and whether to add an urgency clause because of active deportations mentioned by members. The committee ultimately voted to advance AB 495 to Appropriations. The record shows the committee vote was recorded and the item placed on call, with members indicating support.
What happens next: AB 495 was advanced to Appropriations; sponsors said they would continue stakeholder engagement to address vetting and safeguarding concerns raised by opponents.
