Asm. Alexandra Macedo is warning that a new bill signed by California Gov. Gavin Newsom intended to protect children if their parents are deported will actually harm children.
The law in question is Assembly Bill 495, which allows for extended family to act as caregivers for children if their parents are deported.
Driving the news: AB 495, known as the Family Preparedness Plan Act of 2025, amends the definition of the type of relative who is authorized to make certain decisions for children.
- Under the bill, a relative who can make caregiver decisions now includes anyone within the fifth degree of kinship and includes all stepparents, stepsiblings and all relatives whose status is preceded by the words “great,” “great-great” or “grand,” as well as the spouse of any of those people, even in the case of divorce.
- Any changes to who becomes a child’s caregiver, legal custodian, guardian or parent still requires a court order.
- AB 495 also requires schools to provide information to parents and guardians regarding their children’s right to a free public education. It also requires day care facilities to report to the Attorney General’s Office any requests for information or access to the facility by law enforcement.
- Those relatives can sign the caregiver affidavit, which will allow them to enroll children in school and consent to medical care.
- Extended family signing the affidavit do not have to provide identification to enroll children in school and authorize school-related medical care. Identification is required to authorize any other medical care.
- Asm. Celeste Rodriguez (D–San Fernando) authored the bill.
What they’re saying: Newsom lauded the bill as one that supports parents’ rights by ensuring their children have proper care.
- “Our children deserve to feel safe at home, in school and in the community,” Newsom said in a statement. “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.”
- Rodriguez said her bill is a crucial step toward protecting children and families when they face 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,” Rodriguez said in a statement.
- “She added, “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.”
The other side: Macedo spoke out against the bill on Wednesday, specifically since it does not require adults to provide identification to make certain parental decisions.
- “The safety and education of children are sacred responsibilities of all adults,” Macedo said in a statement. “Identification and authorized signatures are fundamental safeguards that must be provided. I opposed this measure not only to protect children, but also to defend parents’ rights in raising and caring for their children.”
- She added that the lack of safeguards allows for unintended consequences.
- “A stranger with ill-intentions could assume parental decision-making authority over a child as long as they sign under penalty of perjury, which is not strong enough to safeguard children,” Macedo said.
