What is AB 495?
AB 495, also known as the Family Preparedness Plan Act of 2025, is a California law designed to help families prepare for unexpected separations. These could include situations like immigration enforcement, incarceration, illness, military service, or other emergencies where a parent or guardian may become temporarily unavailable to care for their child.
The law strengthens tools for parents to designate trusted caregivers, ensures schools and childcare providers follow consistent policies, and promotes family safety plans to minimize trauma for children, especially young ones in K-8 grades.
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Key Provisions of AB 495
- Family Preparedness Plans: Encourages families to create plans that include emergency contacts, vital documents, and details about your child’s needs (e.g., allergies, medications, school info). Schools are required to provide information on these plans and the importance of updating emergency contacts regularly, including secondary contacts.
- Caregiver’s Authorization Affidavit: This existing tool allows a designated caregiver living with the child to enroll them in school and authorize routine medical or dental care. AB 495 expands eligibility to include “nonrelative extended family members” such as godparents, mentors, close family friends, or others with an established relationship. It does not affect parental rights or grant custody—only a court can do that.
- School and Childcare Policies: Schools and licensed childcare facilities must exhaust all parental instructions and emergency contacts before contacting Child Protective Services if a parent is unavailable. They are also prohibited from collecting immigration status information unless required by law.
- Short-Term Joint Guardianship: Introduces a new court process for parents to appoint a joint guardian temporarily while preserving their own parental rights. This helps in urgent situations like medical decisions or education.
- Guardianship Nominations: Clarifies the rights and responsibilities in nominating guardians, giving weight to parents’ choices.
How Does This Affect Parents and Guardians?
As a parent or guardian in our K-8 school community, AB 495 empowers you to plan ahead for your child’s care. We encourage you to:
- Update your child’s emergency contact information with the school, including multiple trusted adults.
- Consider creating a Family Preparedness Plan. Resources are available through the California Attorney General’s office and community organizations.
- Use tools like the Caregiver’s Authorization Affidavit if needed—forms are available online or through legal aid services.
Our school is committed to a safe, inclusive environment for all students, regardless of immigration status. We follow state guidelines to protect privacy and support families.
Note: While AB 495 is supported by many as a protective measure, some groups have raised concerns about potential misuse. We recommend consulting legal experts for personalized advice.