AB 495: What Families Need to Know About the Family Preparedness Plan Act
Every family should have a plan for what happens if a parent is suddenly temporarily unavailable, whether due to illness, detention, incarceration, or any other unexpected circumstance. AB 495, which went into effect in 2025, makes it easier for California parents to put that plan in place.
What Is AB 495?
AB 495 builds on a 1994 law that established the Caregiver's Authorization Affidavit, a legal tool that allows a trusted adult who is already caring for a child to communicate with schools and medical providers on that child's behalf. AB 495 expands and strengthens that tool in several important ways, while making clear that parents retain full rights to make decisions and can override those of the temporary caregiver at any time.
What Does AB 495 Do?
Expands who can serve as a caregiver. Previously, only certain relatives could use a Caregiver's Authorization Affidavit. AB 495 broadens that to include a wider range of trusted adults, including godparents, mentors, close family friends, and cousins, recognizing that many families rely on extended kin and community networks. With the affidavit, a caregiver can enroll a child in school and consent to routine school-related medical care.
Creates a new joint guardianship process. AB 495 establishes a new court process that allows parents to designate a temporary joint guardian while keeping their parental rights fully intact. No paperwork alone can transfer custody. Only a court can do that. This option is especially useful for parents who may be facing potential family separation.
Protects families at schools and childcare facilities. Schools and licensed childcare facilities are now prohibited from collecting immigration status information and must limit cooperation with immigration enforcement. They are also required to follow parents' emergency contact instructions, including secondary contacts. To better understand these new requirements please check out: http://www.allinforsafeschools.org
Requires schools to share family preparedness resources. Schools must proactively provide families with information about how to create safety plans and what legal tools are available to help prevent children from entering foster care during a family emergency.
If You're the Caregiver: Know Your Rights
Caregivers that file a Caregiver’s Authorization Affidavit may have rights under California law, just like parents or guardians, that can help them care for a minor child in a parent’s absence without jeopardizing their income or employment.
Paid Family Leave (PFL): Caregivers who are acting in loco parentis, (meaning they are caring for a child without having gone through a formal foster or adoption process) may be eligible for California's Paid Family Leave program. Caregivers acting in loco parentis can take PFL to care for a child with a serious physical or mental health condition.
The EDD has a helpful FAQ on this topic that specifically addresses in loco parentis eligibility (See: “Can I receive Paid Family Leave benefits to care for a minor child who is now in my daily care?”). Also see our Resource Hub and short videos on Paid Family Leave for Caregivers in English and Spanish.
Paid sick and safe leave: Caregivers acting in loco parentis can also use California paid sick and safe leave to care for the child.
Job-protected leave: Qualifying caregivers may be entitled to job-protected leave under the California Family Rights Act (CFRA) and the Family School Partnership Act.
The CA Civil Rights Department has this Family Care and Medical Leave: Quick Reference Guide for eligibility details and FAQs.They also provide Certification of Health Care Provider form to certify if you would like to request medical leave for yourself or the child you’re caring for. The form states that a “child” includes “a person to whom the employee stands in loco parentis.”
The Bottom Line
A family preparedness plan is something every family can benefit from, not just families facing immigration uncertainty. AB 495 makes it easier to put that plan in writing and gives schools, caregivers, and courts clearer guidance on how to honor it.
Ready to take the next step? Here are a two ways to get started:
Create your family preparedness plan: Check out the Family Preparedness Resources section in this guide for checklists and step-by-step guides to help you put a plan together.
Know your rights: If you are a caregiver who has been designated to care for a child, talk to a legal aid organization or worker center in your area to better understand your workplace rights. We recommend you reach out to our partners Worklife Law or Legal Aid at Work if you have any questions related to workplace rights as a designated caregiver taking time off to care for the child.
Sources: AB 495 FAQ, Assemblywoman Celeste Rodriguez; ALL IN for Safe Schools – All In For Health; California Catholic Conference; California EDD Paid Family Leave FAQ
