Controversial bill would let nonrelatives temporarily care for kids without parental signature

SACRAMENTO — Certain adults could temporarily take over caregiving duties for a child, including enrolling them in school and authorizing medical care, without a parent’s signature or prior approval under a proposal moving through the California Legislature. Supporters say the change would help families in emergencies, while critics warn it could be exploited.

Current Law Limits Temporary Caregiving

Under current law, only relatives can obtain caregiver authorization affidavits, and these affidavits require a parent’s signature to be valid. This limits who can temporarily care for a child and typically involves more parental oversight.

Assembly Bill 495 Expands Eligible Caregivers

Assembly Bill 495, introduced in February 2025 and known as the Family Preparedness Plan Act, would expand the pool of eligible caregivers to include “nonrelative extended family members” and remove the parent signature requirement. It would allow these adults to complete a sworn affidavit granting them authority to enroll the child in school, pick them up, and consent to certain medical or dental care.

Who Qualifies as a Nonrelative Caregiver?

Examples of nonrelative caregivers include godparents, close family friends, neighbors or mentors who have a trusted, ongoing relationship with the child.

While the law defines a nonrelative extended family member broadly, the caregiving affidavit allowed under AB 495 can only be used if the child lives with that adult.

The affidavit becomes invalid if the child stops living there. Supporters say this residency requirement ensures the caregiver is actively involved in the child’s daily life, while still giving families flexibility in choosing trusted adults to step in during emergencies or when a parent is unavailable.

Affidavit Requirements and Identification

To use the affidavit, the designated adult must provide their name, address, contact information, an identification number, and a declaration under penalty of perjury that the child lives with them. The affidavit immediately becomes invalid if the child stops living there. A parent’s signature is not required, and there is no court review or background check before the affidavit takes effect.

If the adult does not have a California driver’s license, state ID, or government-issued consular card, the affidavit allows for alternative forms of identification, such as a Social Security number or Medi-Cal number.

When presented at a school, districts are not required by the bill to verify the affidavit’s information, but may do so under their own policies. In practice, most schools still require photo identification and may confirm address or contact details before releasing a student.

Caregiver Rights and Legal Custody

According to the bill, the affidavit declaration does not affect the rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor, nor does it grant the caregiver legal custody of the child.

Providing false information on the affidavit constitutes perjury, a punishable offense.

Screenshots of the Sample Affidavit

The form above appears on page 10 of the bill’s PDF, amended April 23, 2025, available on the California Legislature Information website.

School Procedures 

When arriving to pick up the student, if the adult is not already on the emergency contact list, they must present the affidavit to the school. Staff may ask for proof of address or verify the information, but the bill does not mandate such checks. In practice, most schools still require photo identification at pickup to confirm the adult’s identity matches the affidavit or an existing emergency contact list.

No Mandatory Notification to Authorities

The bill does not require schools to notify the state, child protective services or law enforcement when an affidavit is submitted or used. School staff, however, remain mandated reporters under existing law and must report suspected abuse or neglect.

Affidavit Validity and Reporting Changes

The affidavit remains valid only while the child lives with the designated adult. If that changes, the adult must notify any school, health care provider or health plan where the affidavit was used.

The bill does not set a maximum duration for the affidavit’s use, meaning it could remain in effect indefinitely as long as the residency requirement is met.

Critics say this open-ended timeline could allow prolonged caregiving authority without parental consent or court oversight; supporters argue it prevents unnecessary disruptions in care during extended absences of a parent.

Critics and Supporters

Critics say the measure is too broad and vulnerable to fraud because it relies on self-reported information. They warn that it could be exploited by predators or estranged individuals who falsely claim a child lives with them.

The bill gained momentum following recent immigration raids, as some families sought ways to ensure children could be cared for if parents were detained. However, critics note that the law applies to all families, not just those affected by immigration status, raising concerns about its broad reach.

Supporters say the bill would protect children during emergencies, such as when a parent is detained, hospitalized or deployed, by allowing trusted adults to step in quickly without a lengthy legal process.

Legislative Status

The bill passed the Assembly in June and is now in the Senate Appropriations Committee. If approved, it would take effect statewide, creating a standardized affidavit for all schools and service providers to use. 

This is just a brief overview of the bill. To read it in detail, please visit the official California Legislature Information website. CalMatters also provides a page tracking the bill’s progress at calmatters.digitaldemocracy.org/.