California Democratic Assemblywoman Celeste Rodriguez’s “2025 Family Disaster Preparedness Act” (AB495), proposed by Celeste Rodriguez, was passed in the State Assembly on June 3. In late August, it continued to progress after being reviewed by the State Senate Appropriations Committee and is now awaiting a full Senate vote.
Southern California lawyer Liu Longzhu expressed concerns about the serious loopholes in the bill, causing worries for numerous families in California. He suggested that parents take early action to address the potential issues.
Liu Longzhu explained that if AB495 is passed by the Senate, it will be sent to the Governor for signature. Within this legislative session, all bills must be passed by September 12, and the Governor must sign or veto by October 12. If the Governor takes no action by the deadline, the bill will automatically become law, with its provisions taking effect from July next year.
Parents’ concerns stem from AB495’s definition of guardianship being too broad, potentially surpassing normal parental rights. This could make it easier for strangers or malicious individuals to impersonate legal guardians, leading to the abuse or kidnapping of children. He pointed out four major flaws in the bill:
1. Wide-ranging caregiver authority.
The bill allows distant relatives, close friends with no blood relation, tutors, cousins, or family friends to claim caregiving authority, granting them the power to make educational or medical decisions for children.
2. Unclear standards and vague wording.
According to the bill’s wording, even temporary delays or misunderstandings by parents could trigger a transfer of guardianship, leading to parents losing decision-making power without court review. Opponents warn that situations like working parents missing a phone call or brief loss of phone signal could result in this scenario.
3. No parental signature required.
AB495’s official caregiver authorization form explicitly states that no parental signature is needed (or any court approval). The new law will not require caregivers to obtain parental consent to be granted authority. Critics argue that this provision could be exploited by malicious individuals.
4. Risk of malicious caregivers.
Opponents argue that AB495 could inadvertently hand over educational and medical decision-making authority to malicious adults “without parents’ knowledge,” raising concerns about children’s safety. In mid-August, thousands of parents gathered at the state capitol building to protest, demanding the Governor veto the bill.
Due to the urgent nature of parents taking action, suggestions for five actions include:
1. Write to Governor Newsom:
Send emails or use the contact form on the Governor’s website to request him to veto AB495. Emphasize in your letter the potential risks the bill poses to parental rights and child safety. Let the Governor and your Senators know that families demand to retain full control over caring for their children.
2. Contact State Senators:
Parents’ communities need to show unanimous opposition to any legislation that weakens parental guardianship rights. Call or email your State Senators. Use California’s official “Find Your Representative” tool to locate your Senator’s contact information, then urgently tell them to vote against AB495.
3. Write and contact your child’s school and childcare facilities:
Schools may not fully comprehend the risks of AB495. Parents can proactively submit written emergency contact directives to principals, teachers, or childcare facility supervisors (see attached sample), informing them that any “Caregiver Authorization Affidavit” (CAA) must not be used as a basis for release or decision-making without explicit written parental consent, attaching a notice of “Do Not Accept Guardian Authorization Overrides Parental Instructions”.
4. Attend rallies or submit public comments:
Parents can personally attend protest gatherings or submit public comments to officials to build influence, generate more attention, and put pressure on lawmakers.
5. Share this reminder with others:
Discuss AB495 with other parents, neighbors, and teachers, and post updates on social media and parent forums. The more people understand the bill’s schedule and risks, the more public concern and dissatisfaction will arise, making it harder for legislators to ignore.
For the convenience of the public, Liu Longzhu has prepared three letter templates addressed to the Governor, Senators, and schools and childcare facilities, which can be downloaded directly from his law firm’s website at theliulawfirm.com.
He emphasized that while AB495 may appear well-intentioned, it poses a significant threat to parental rights at the legal level, urging parents to take proactive measures. Otherwise, this bill may likely become law next month.
Attached: “Emergency Contact Directive” template created by Southern California Chinese lawyer Liu Longzhu (see image).