Governor Gavin Newsom signed AB 495 this week, legislation allowing any adult to sign an affidavit claiming to be a child’s relative and make medical and educational decisions for that child.
Parental rights activists dubbed the bill the “License to Kidnap Act” and “The California Trafficking Bill,” as it allows any individual to fill out a “Caregiver’s Authorization Affidavit” and claim to be a child’s relative. The affidavit offers no safeguards such as a background check, finger printing, notarization or parent signature.
California Family Council (CFC), a Focus on the Family ally, said the bill “fundamentally undermines parental rights and opens the door for abuse, kidnapping, and government interference in family life.”
In a press release, Governor Newsom announced he had signed the bill “to protect parents’ rights and children,” adding, “Our children deserve to feel safe at home, in school and in the community. 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.”
CFC President Jonathan Keller vehemently disagreed with that assessment, saying the bill betrayed parents and endangered children. “Governor Newsom is deliberately trying to deceive parents by claiming this bill protects them, when in fact it does the opposite. AB 495 strips parents of their constitutional rights and hands them over to unverified strangers. It is unconstitutional, it is illegal, and no school or medical facility should recognize or accept the authority of a Caregiver’s Authorization Affidavit without a verified signature from a parent or legal guardian. Newsom knows exactly what this bill does, but he’s hoping the press and the public won’t read it for themselves.”
Proponents of the bill said it was needed to protect children of illegal immigrants by allowing another family member to step in and make decisions for them if their parents were deported.
Dean Broyles, president and chief counsel of the National Center for Law & Policy, told CFC that it affects all children – not just those whose parents entered the country illegally. He said the bill violated parents’ rights, lacked basic safeguards needed to protect children and was unconstitutional: “Governor Newsom deceptively describes AB 495 as a caregiver planning tool for undocumented immigrant parents. It’s more accurately described as a child trafficker’s and child predator’s dream bill.”
Broyles added, “Its sweeping application is not limited to immigrant families, does not require any parental notice or consent, and lacks even the most basic safeguards to protect children. Anyone falsely claiming kinship can easily sign the affidavit, access a child, obtain medical care, and enroll them in another school. Even the most basic safeguard of a notary is not required to confirm the true identity of the person accessing your child. AB 495 violates fundamentally constitutionally protected parental rights, endangers California’s children, and will be appropriately legally challenged and struck down.”
CFC encouraged parents to take immediate action to protect their children:
- Update emergency contact lists at schools and medical offices to include only those adults you trust to make educational and medical decisions for your child.
- Submit written directives stating that no one outside your listed contacts is authorized to pick up or make decisions for your child.
- Support efforts to legally challenge AB 495 and restore parental rights in California law.
Keller added CFC would challenge the act, saying, “We will work with our partners, our attorneys, and thousands of California parents to overturn this unconstitutional law. Parents, not politicians, are the rightful guardians of their children.”
