AB 495 California Law: Caregiver Affidavit and School Duties

California’s Assembly Bill 495, the Family Preparedness Plan Act of 2025, gives parents new tools to plan for a temporary absence and requires schools and childcare programs to help. Governor Gavin Newsom signed the bill on October 12, 2025.¹ It covers situations where a parent becomes unavailable because of immigration enforcement, incarceration, military service, disability, or other emergencies, and it amends the Education Code, Family Code, Health and Safety Code, and Probate Code.²

What AB 495 Changes for Families

Two provisions give parents something concrete they can set up before a crisis happens. Both took effect when the Governor signed the bill, because they sit in the Family Code and Probate Code without a delayed effective date.

A Broader Caregiver’s Authorization Affidavit

A caregiver’s authorization affidavit lets a trusted adult make educational and health care decisions for a child when a parent is unavailable, without a full court guardianship. AB 495 amends Family Code Section 6550 to broaden who counts as a “relative” eligible to sign one.

A relative now includes any adult related to the child by blood, adoption, or affinity within the fifth degree of kinship. That reaches stepparents, stepsiblings, and all relatives whose status is preceded by “great,” “great-great,” or “grand,” along with the spouses of any of those relatives, even after the marriage has ended by death or divorce.² A grandparent’s spouse or a great-aunt who may not have qualified before can now serve.

Joint Guardianship for a Temporary Absence

AB 495 also creates a joint guardianship option. A court may appoint both the custodial parent and a person the parent nominates as joint guardians when the custodial parent will be temporarily unavailable due to an immigration-related administrative action, incarceration, military service, or disability.² The parent keeps legal rights while a trusted person gains formal authority to care for the child.

The law specifies that a parent’s absence under these circumstances does not count as legal incapacity for purposes of the guardianship nomination, and the court must give the parent’s choice of nominee due consideration. A parent’s absence can also justify delaying the start of a guardianship rather than cutting the parent out.¹ Nothing in AB 495 changes custody or guardianship automatically; a court order is still required.

What Schools and Childcare Programs Must Do

K–12 schools, licensed childcare facilities, and California state preschool programs now carry duties that parents will see in practice.

Every local educational agency must give families the Attorney General’s guidance document, “Promoting a Safe and Secure Learning Environment for All,” issued January 6, 2025, together with information about family safety plans, caregiver authorization affidavits, and the importance of keeping emergency contact information current.² Schools cannot collect citizenship or immigration status information from students or families, a prohibition that already existed and that AB 495 reinforces.

Licensed childcare facilities and license-exempt state preschools cannot collect information or documents about the citizenship or immigration status of children or their family members, unless state or federal law requires it or it is needed to run a government-supported educational program.²

The emergency contact rule is the one most families will feel directly. When a facility employee realizes a child’s parent or authorized representative is unavailable, the facility must exhaust every parental instruction and emergency contact on file before taking other steps. Facilities must also encourage parents to keep that information current, including secondary and additional contacts.¹ That order of operations gives a parent’s chosen support network a chance to step in before Child Protective Services is contacted.

Key Compliance Deadlines

March 1, 2026: Local educational agencies must update their model policies to align with the Attorney General’s immigration enforcement guidance and the new family preparedness requirements.²
April 1, 2026: The Attorney General must publish model policies limiting assistance with immigration enforcement at licensed childcare facilities and license-exempt state preschool programs.²
July 1, 2026: All California state preschool programs, licensed and license-exempt, must adopt the Attorney General’s model policies or equivalent policies.

What to Do Now

Update emergency contact information at every school and childcare program your child attends, and add secondary contacts beyond the other parent. The facility is required to call through that list before escalating further, so a thorough list protects your plan.

If you want a trusted adult to be able to handle school and medical decisions for your child during an absence, consider executing a caregiver’s authorization affidavit now. The expanded definition of relative means more family members and family-by-marriage can serve without a court proceeding. For a longer or more serious absence tied to immigration enforcement, incarceration, military service, or disability, the new joint guardianship option is worth discussing with an attorney, because it keeps your legal rights intact while giving your nominee court-recognized authority.

1
Governor of California. Governor Newsom Signs Bill to Protect Parents’ Rights and Children
2
California Legislative Information. AB 495 Family Preparedness Plan Act of 2025