AB 495, the Family Preparedness Plan Act of 2025, addresses challenges faced by children at risk of family separation due to a parent’s immigration status. The bill strengthens caregiving arrangements, expands access to caregiver authorization affidavits, and enhances protections in schools and early childhood programs to ensure children have stable, legally recognized caregivers while preserving parental rights.
This bill broadens the definition of “relative” who may execute a caregiver’s authorization affidavit, giving these relatives the same authority as guardians to authorize school-related medical care. The bill also reinforces prohibitions on schools collecting immigration-related information and requires Local Educational Agencies (LEAs) to provide parents with updated information on Attorney General guidance regarding immigration enforcement. LEAs must revise their local model policies whenever the Attorney General updates the statewide model policies.
These relatives gain the same authority as guardians to authorize school-related medical care for a child, ensuring consistency and broader recognition of caregiving arrangements. The bill also strengthens the prohibition on immigration-related data collection by schools. Additionally, this bill mandates LEAs provide parents and guardians with updated information about guidance on immigration enforcement issued by the Attorney General and must revise their local model policies whenever the Attorney General updates state model policies. For licensed child daycare facilities, employees of licensed child daycare facilities, and license-exempt California state preschool program facilities, this bill also creates new obligations. Such entities and their employees are prohibited from collecting information or documents regarding the citizenship or immigration status of children or their family members. If immigration enforcement officials request information or access to a facility, the licensee or administrator must report the request to the State Attorney General and the appropriate state agency. Licensed child daycare facilities and license-exempt California State Preschool Programs must keep children’s emergency contact information updated and, if a parent or authorized representative is unavailable, follow the parent’s written instructions in that file before taking any other action.
Finally, by April 1, 2026, the Attorney General must publish model policies limiting cooperation with immigration enforcement at childcare facilities and license-exempt preschool programs, similar to the model policies already developed for LEAs. By July 1, 2026, all California State Preschool Programs must adopt these model policies or equivalent protections, update them whenever the Attorney General revises guidance, and provide parents with information about how to access the policies.
(AB 495 amends Section 234.7 of the Education Code, Sections 6550–6552 of the Family Code, Section 1597.640 of the Health and Safety Code, and Sections 150 Probate Code.)