California Legislation to Facilitate Guardianship for Undocumented Children in Absence of Parents
In a legislative move gaining momentum in the California State Assembly, a bill is on track to make it easier for undocumented immigrant children to be placed under the care of non-parental guardians when their parents are absent.
The California Assembly Bill 495, also known as the “Family Preparedness Plan Act of 2025,” aims to protect the children of undocumented immigrants by allowing non-relatives to act as guardians when parents are unable to care for their children due to immigration issues. However, critics argue that the bill has significant loopholes that could jeopardize the rights and well-being of both children and parents.
The bill has passed the State Assembly and is scheduled for review by the State Senate Appropriations Committee on August 18. It expands the scope of guardianship authorization and joint custody to ensure that the educational, medical, and dental needs of children can be met when parents are detained or deported by immigration authorities.
If passed, AB495 will take effect on July 1, 2026. The bill was introduced by Democratic State Assemblymember Celeste Rodriguez, who represents the eastern part of the San Fernando Valley.
The legislation broadens the range of individuals who can be authorized as guardians to include adults with established familial or mentor relationships with the children or their relatives. According to the bill, such individuals may include teachers, healthcare professionals, clergy, and family friends. They would be able to sign authorization forms without parental consent or court approval and facilitate the enrollment of minors in educational institutions and sign consent forms for medical and dental treatment within a six-month period. This authorization can also be renewed.
The bill also prohibits childcare facilities from collecting immigration status information about children or their family members. Rodriguez stated in her bill introduction statement that this is a measure to protect vulnerable children. She did not respond to requests for comment from a news source.
Critics argue that the bill could potentially lead to human trafficking or cases of child abuse.
Jack Hibbs, founding pastor of Calvary Chapel Chino Hills, labelled the bill as “very dangerous” on X platform, stating, “This bill will allow any adult unrelated to a child – a neighbor, teacher, former relative, or even a complete stranger – to obtain guardianship of a child without the parents’ knowledge or consent. No background check, no court order, no parental signature, just a piece of paper.”
Greg Burt, Vice President of the California Family Council, also opposes the bill. He told a news source on August 12, “Imagine someone crossing the border illegally into the United States, knowing no one here. They find a job, send their child to school, then get detained without anyone to entrust their child to.”
Burt pointed out that due to this social isolation, children of undocumented immigrants are at a high risk of being harmed by human traffickers and sexual predators. He believes the best course of action is to ensure that parents are the ones deciding the fate of their children.
According to the legal guidance from the California School Boards Association, in cases where a student’s parents are detained by immigration enforcement, school administrators are allowed to transfer the student to an emergency contact listed or any person presenting a guardianship authorization document. Those relying on such authorization documents (such as school staff) are not obliged to conduct further verification or investigation. Statistics show that approximately 133,000 undocumented children in California attend public K-12 schools.