Earlier this month, California Governor Gavin Newsom enacted a law that broadens the definition of a “caregiver,” potentially making it simpler for individuals to remove children from schools using a sworn affidavit.
The legislation, known as AB495, was introduced amid concerns about the Trump administration’s strict immigration policies, which some feared might lead to children being deported by Immigration and Customs Enforcement (ICE) and separated from their parents. Critics, however, cautioned that the protections against kidnapping—essentially relying on the threat of perjury for false affidavits—were insufficient.
The official overview of the Family Preparedness Planning Act of 2025 indicates that the bill broadens the definition of relatives who can authorize a child’s release from school. It allows more individuals to sign affidavits and grants them the same rights for school-related medical decisions as those held by guardians. As a result, almost anyone with a medical justification could claim authority to remove a child from school.
California Policy Center highlighted concerns:
In light of the Trump administration’s immigration enforcement, this bill proposes a process that might inadvertently facilitate child abductions and human trafficking. The safeguards in place are minimal, and various logistical issues remain. It seems unnecessary to allow a child to be released to an adult without confirming their legitimacy when other systems exist, such as emergency contacts or court-approved guardians.
In a related note, american thinker pointed out:
This bill has understandably upset many conservatives, advocates for parental rights, and religious figures. It poses a risk to children and undermines parental authority. Although framed as a safety measure for immigrant families, it indeed creates problematic loopholes that could foster child trafficking and abuse. Parents and concerned citizens should urgently respond.
AB 495 enlarges the use of caregiver authorization affidavits. Any adult claiming a familial connection “within the fifth degree” could make medical and educational decisions for children without needing parental approval. The Family Council of California points out that these affidavits do not require notarization or background checks, which means that unverified individuals could easily pretend to be relatives and gain access to children, possibly enrolling them in different schools. Kristen Wagoner from ADF Legal has cautioned that this could be exploited by predators, especially regarding controversial medical procedures. The Rev. Jack Hibbs described the bill as “devilish,” reflecting larger worries about California’s policies under Newsom, which some believe prioritize ideological agendas over the safety of children, particularly given the glaring absence of protective measures against fraud or abuse.
Additionally, the law applies to children in state-licensed childcare facilities, kindergartens, and public schools—potentially affecting millions. The state has directed public schools to start eliminating emergency contact and custody records. Reports indicate that some school districts, like San Francisco and Chino Valley, have already begun to comply. In what many perceived as an unsettling assertion, Governor Newsom claimed this would somehow “enhance the safety of our children.”
Newsom and fellow Democrats, including Los Angeles Mayor Karen Bass, have heightened fears regarding immigration enforcement by inaccurately stating that federal agents were targeting schools.
Former Breitbart editor Jon Fleischman noted that AB 495 was among numerous laws signed by the governor without giving the public adequate opportunity for feedback.
Newsom has shown a pattern of endorsing legislation that raises risks for children. Earlier this year, public pressure forced him to repeal an anti-loitering law believed to have contributed to increasing child prostitution.
Furthermore, he recently approved measures that would establish California as a “sanctuary state” for transgender medical procedures while penalizing school districts for informing parents about their child’s gender identity changes at school.
