New California Bill AB 495 Sparks Concerns For Children

[Thiệu Ngô]

California Governor Gavin Newsom on Sunday signed Assembly Bill 495, a measure allowing a broader range of relatives to act as caregivers for children if their parents are deported—a move that has ignited fierce backlash from conservative groups.

By Martha McHardy

The new law also bars day care providers from collecting immigration information about children or their parents and allows parents to nominate a temporary legal guardian for their child through family court.

Why It Matters

The measure is part of a broader response from California Democrats to the Trump administration’s deportation crackdown. In recent weeks, Newsom has signed related bills banning Immigration and Customs Enforcement agents from wearing masks in the state and requiring warrants for ICE operations in schools and hospitals. AB495, however, sat unsigned for weeks, drawing intense lobbying from immigrant rights advocates and strong conservative opposition before Newsom approved it just ahead of his signing deadline.

What To Know

The most contentious part of AB 495 involves the caregiver’s authorization affidavit—a form that lets relatives make school and medical decisions for children whose parents are temporarily unavailable. The new law expands eligibility to any adult "related to the child by blood, adoption, or affinity within the fifth degree of kinship," a definition that includes extended family such as great-aunts and cousins. Parents can revoke the designation at any time, and it does not grant custody.

Supporters said the change will help immigrant parents who fear deportation choose trusted caregivers for their children. The bill was backed by immigrant and children’s advocacy groups including the Alliance for Children’s Rights and First 5 California.

Celeste Rodriguez, an Arleta Democrat and the bill’s author said it ensures "no child is left without a safety net" and strengthens parental rights while reaffirming California’s commitment to protecting immigrant families.

"I introduced this bill so children do not have to wonder what will happen to them if their parents are not able to pick them up from school," Rodriguez said.

Advocates also said the law closes dangerous gaps that traffickers could exploit and helps keep children with trusted caregivers during crises. Kay Buck, CEO of the Coalition to Abolish Slavery and Trafficking, called it "a vital step toward preventing exploitation and supporting family unity."

Heather Ippolito, president of the California State PTA, said the law creates clear legal ways to establish stable caregiving arrangements, helping children maintain access to school and health care during emergencies.

Jackie Thu-Huong Wong of First 5 California said AB 495 reduces the stress and uncertainty facing immigrant families, protecting their physical and mental health.

Angelica Salas of the Coalition for Humane Immigrant Rights said the law safeguards parental rights and ensures children remain "safe, loved, and stable" even during separations.

Other advocates, including VALOR CEO Sandra Henriquez and Loyola University’s Aradhana Tiwari, said the law strengthens family and community safety, shields children from exploitation, and ensures continuity of care if parents are detained or deported.

But Republicans, religious groups and parental rights activists opposed the measure, warning it could endanger children.

Kristen Waggoner, president of ADF Legal, sharply criticized Newsom for signing AB 495, calling it an "egregious anti-parent bill" that "endangers every child in California."

In a post on X, Waggoner said the law would allow "almost any adult" to assume guardianship of a child simply by filling out an affidavit, without background checks, verification, or parental consent. She warned it could enable child trafficking and allow children to be separated from parents who oppose gender transitions.

Pastor Jack Hibbs of Calvary Chapel Chino Hills, who organized large rallies against the bill, called it "the most dangerous bill we’ve seen." Assemblymember Carl DeMaio, a San Diego Republican, described it as "a human trafficker’s dream."

Some of the criticism was based on false claims that the bill would allow unrelated strangers to gain custody. Greg Burton, vice president of the California Family Council, told CalMatters that parents might not be present when the affidavit was signed. "What are parental rights?" he wrote. "These rights are nothing if someone else can claim them by simply signing a form."

Rodriguez amended the bill over the summer to exclude "nonrelative extended family members," but opposition persisted. The legislation passed along party lines.

Newsom, who has often positioned himself as a moderating voice on child custody and protection issues, acknowledged the controversy in his signing statement. He said the new law does not change parental rights or custody rules, which remain under the authority of family courts.

At a press conference last week, Angelica Salas, executive director of the Coalition for Humane Immigrants’ Rights Los Angeles, urged Newsom "to not listen to the lies, to not listen to all the other stuff that’s being said about this bill."

What People Are Saying

President of ADF Legal Kristen Waggoner said on X: "It’s hard to be shocked by California anymore, but I am genuinely shocked by the egregious anti-parent bill signed into law by Gov. Newsom last night. AB 495 endangers every child in California. Under the guise of helping children whose parents are detained or deported, California’s AB 495 opens the floodgates to let almost any adult assume guardianship of a minor child—as long as that adult fills out an affidavit claiming to be a relative. Without any verification of that person’s claims. Without a background check. And without notifying the child’s parents or obtaining their consent.

"How could this possibly go wrong? Let me count the ways: from enabling child trafficking to separating a child from loving parents who question a 'gender transition.' In a state that already forces schools to hide social transitions from parents, the terrifying prospect of secret medical transition is hardly far-fetched. Now, there is another path to bypass parents and secretly push kids toward these dangerous drugs and surgeries.

"@ADFLegal is considering all legal options to prevent such a nightmare scenario from occurring. This law puts every child in the state at risk—including the vulnerable immigrant children it purports to help. It must be struck down or repealed."

Gavin Newsom said in a press release: "We are putting on record that we stand by our families and their right to keep their private information safe, maintain parental rights and help families prepare in case of emergencies."

Assemblymember Celeste Rodriguez said in a statement: "I am grateful that the Governor has signed AB 495, the Family Preparedness Plan Act, into law today. This is a crucial step toward protecting children and families at a time when they are facing the terror of separation. By creating additional protections and tools that strengthen parental rights and community preparedness, we are ensuring that no child is left without a safety net and reinforcing California’s commitment to safety and compassion for all families.

"This victory would not have been possible without the tireless advocacy of our bill sponsors, partners, and the many community supporters who stood with us every step of the way. Together, we are sending a message to immigrant and mixed-status families that in California, you are seen, and we will do all in our power to protect you from the trauma of family separation."

Coalition to Abolish Slavery and Trafficking CEO Kay Buck said in a statement: "Family separation is a public health and human rights issue. By signing AB 495, California has strengthened protections for children and families ensuring safety, stability, and the preservation of parental rights. This law closes dangerous gaps that traffickers often exploit and helps keep children with trusted caregivers during times of crisis. It’s a vital step toward preventing exploitation and supporting family unity. We applaud the Governor for signing AB 495, a thoughtful, measured response that protects children, gives parents the tools they need, and builds safety through family and community support."