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| 1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 495Introduced by Assembly Member Celeste RodriguezFebruary 10, 2025 An act relating to public social services. An act to amend Section 234.7 of the Education Code, to amend Sections 6550 and 6552 of the Family Code, to add Section 1596.7997 to the Health and Safety Code, and to amend Sections 1502 and 2105 of the Probate Code, relating to immigration.LEGISLATIVE COUNSEL'S DIGESTAB 495, as amended, Celeste Rodriguez. Public social services: children. Family Preparedness Plan Act of 2025.(1) Under existing law, a caregiver who is 18 years of age or older and signs a caregivers authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregivers authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law. Existing law requires a caregiver to notify any school, health care provider, or health care service plan that has been given the affidavit if the minor stops living with the caregiver. Under existing law, a caregivers authorization affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.This bill, the Family Preparedness Plan Act of 2025, would instead provide that a caregivers authorization affidavit is valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. The bill would require that, in any case, the caregivers authorization affidavit would not be valid for more than one year after the date on which it was executed.The bill would also expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.This bill would amend the statutory form for a caregivers authorization affidavit.(2) Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate. Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified.This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, to appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings to be confidential, as specified, and would prohibit this information from being disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order, as specified. The bill would also make these proceedings closed to the public, except as specified.The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. The bill would require a court to give due weight to the nomination of a guardian when signed by one or both parents if there is good cause to waive notice because the person cannot with reasonable diligence be notified or giving the notice would be contrary to the interest of justice.(3) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires that if an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care and encourages schools work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified. Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018.This bill would delete the provisions encouraging schools not to contact Child Protective Services described above. The bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney Generals guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.(4) Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, including day care centers and day care homes, by the State Department of Social Services. Under existing law, willful violation of these provisions is punishable as a misdemeanor.Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child. The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program.(5) Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Existing law establishes procedures to determine the placement of a dependent child when they are removed from the custody of the dependent childs parent or guardian and requires foster care placements, if possible, be made in the home of a relative unless the placement would not be in the best interest of the child.This bill would express the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. The bill would also express findings and declarations of the Legislature.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Family Preparedness Plan Act of 2025.SEC. 2. The Legislature finds and declares all of the following:(a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.(b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age.(c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly immigrant parents to remain involved in their childrens upbringing during periods of immigration detention or deportation. These gaps in the legal framework exacerbate the emotional trauma experienced by children, disrupt access to education and health care, and hinder the ability of families to respond effectively to crises.(d) To address these challenges, the Legislature seeks to ensure that children facing the risk of family separation due to a parents immigration status have stable and legally recognized caregiving arrangements that protect their emotional and physical well-being. The intent of the Legislature is to provide clear and streamlined processes for short-term guardianships that address urgent needs, such as medical care and educational decisionmaking, while upholding the rights of parents. It is also the intent of the Legislature to refine the scope of guardianship nominations by delineating the rights and responsibilities of nominated guardians. Finally, it is the intent of the Legislature to clarify the powers granted under caregiver authorization affidavits to ensure consistent recognition by schools, health care providers, and other agencies to demonstrate continued support for children who reside with a relative or nonrelative extended family member caregiver.(e) By establishing a more coherent legal structure, it is the intent of the Legislature to reduce uncertainty and administrative barriers, enabling families to act swiftly and effectively in times of crisis. Supporting the stability of caregiving arrangements will mitigate the negative impacts on childrens mental health, educational outcomes, and overall well-being. These efforts reflect Californias commitment to protecting vulnerable families and upholding the fundamental rights of children and parents.SEC. 3. Section 234.7 of the Education Code is amended to read:234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. information.(d) The governing board or body of a local educational agency shall do both all of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General and General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) Nothing in this This section prohibits does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or his or her the superintendents designee, the superintendent of the county office of education or his or her the superintendents designee, or the principal of the charter school or his or her the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018. 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 4. Section 6550 of the Family Code is amended to read:6550. (a) (1) A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.(2) The affidavit shall be valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. In any case, the affidavit shall not be valid for more than one year after the date on which it was executed.(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.(c) A person who acts in good faith reliance on a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.(d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.(g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word warning statements specified in Section 6552. The warning statement statements shall be enclosed in a box with 3-point rule lines.(h) For purposes of this part, the following terms have the following meanings:(1) Person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.(2) Nonrelative extended family member means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child.(2)(3) Relative means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.(3)(4) School-related medical care means medical care that is required by state or local governmental authority as a condition for school enrollment, enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils.SEC. 5. Section 6552 of the Family Code is amended to read:6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address:4.My home address: .5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply):Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.6. 7.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.7. 8.My date of birth:.8. 9.My California drivers license or identification card or government issued consular cardnumber:.Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: Notices:1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.Additional Information:TO CAREGIVERS:1.Qualified relative, for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.2.Nonrelative extended family member for the purposes of item 6, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends.2.3.The law may require you, if you are not a relative relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.3.4.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.4.5.If you do not have the information requested in item 8 (California drivers license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.TO SCHOOL OFFICIALS:1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.3. A parents signature or seal or signature of the court is not required.TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:1.A person health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required.2.This affidavit does not confer dependency for health care coverage purposes.SEC. 6. Section 1596.7997 is added to the Health and Safety Code, to read:1596.7997. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The owner, operator, or administrator of a licensed child day care facility, as applicable, shall report to the department and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child, the facility shall first exhaust any parental instruction relating to the childs care found in the childs emergency contact information. A facility is encouraged to work with parents or guardians to update their emergency contact information.(d) Nothing in this section prohibits a licensed child day care facility from establishing stronger standards and protections.(e) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at licensed child day care facilities, to the fullest extent possible consistent with federal and state law, and ensuring that day care facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.(B) Procedures for day care facility employees to notify the owner, operator, or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(f) All licensed child day care facilities shall adopt the model policies developed pursuant to subdivision (e), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Licensed day care facilities shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.(g) A licensed day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information relating to the model policies developed pursuant to subdivision (e), including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.(h) For purposes of this section, licensed child day care facility means a child day care facility, as defined in Section 1596.750, that is licensed pursuant to this chapter.SEC. 7. Section 1502 of the Probate Code is amended to read:1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511.(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such to, conditions as to the subsequent legal incapacity or death of the person making the nomination. nomination or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. nomination, or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.SEC. 8. Section 2105 of the Probate Code is amended to read:2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A parent, custodian, or guardian may revoke a joint guardianship by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon a showing that the activating event no longer affects the parents availability to provide care for their child.(1) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause.(2) The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases.(3) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement.(4) Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved.SEC. 9. The Legislature finds and declares that Section 8 of this act, which amends Section 2105 of the Probate Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy interests of immigrants, it is essential to maintain the confidentiality of the records, information, and hearings described in Section 8 of this act.SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.(a)The Legislature finds and declares the following:(1)Children of noncitizens of the United States should not be left abandoned.(2)Section 16000 of the Welfare and Institutions Code expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Additionally, for foster care placements, Section 7950 of the Family Code requires that, if possible, the placement of dependent children be in the home of a relative, unless the placement would not be in the best interest of the child.(b)Therefore, it is the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. | |
| 2 | 2 | ||
| 3 | - | Amended IN Assembly | |
| 3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 495Introduced by Assembly Member Celeste RodriguezFebruary 10, 2025 An act relating to public social services. An act to amend Section 234.7 of the Education Code, to amend Sections 6550 and 6552 of the Family Code, to add Section 1596.7997 to the Health and Safety Code, and to amend Sections 1502 and 2105 of the Probate Code, relating to immigration.LEGISLATIVE COUNSEL'S DIGESTAB 495, as amended, Celeste Rodriguez. Public social services: children. Family Preparedness Plan Act of 2025.(1) Under existing law, a caregiver who is 18 years of age or older and signs a caregivers authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregivers authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law. Existing law requires a caregiver to notify any school, health care provider, or health care service plan that has been given the affidavit if the minor stops living with the caregiver. Under existing law, a caregivers authorization affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.This bill, the Family Preparedness Plan Act of 2025, would instead provide that a caregivers authorization affidavit is valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. The bill would require that, in any case, the caregivers authorization affidavit would not be valid for more than one year after the date on which it was executed.The bill would also expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.This bill would amend the statutory form for a caregivers authorization affidavit.(2) Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate. Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified.This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, to appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings to be confidential, as specified, and would prohibit this information from being disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order, as specified. The bill would also make these proceedings closed to the public, except as specified.The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. The bill would require a court to give due weight to the nomination of a guardian when signed by one or both parents if there is good cause to waive notice because the person cannot with reasonable diligence be notified or giving the notice would be contrary to the interest of justice.(3) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires that if an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care and encourages schools work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified. Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018.This bill would delete the provisions encouraging schools not to contact Child Protective Services described above. The bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney Generals guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.(4) Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, including day care centers and day care homes, by the State Department of Social Services. Under existing law, willful violation of these provisions is punishable as a misdemeanor.Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child. The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program.(5) Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Existing law establishes procedures to determine the placement of a dependent child when they are removed from the custody of the dependent childs parent or guardian and requires foster care placements, if possible, be made in the home of a relative unless the placement would not be in the best interest of the child.This bill would express the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. The bill would also express findings and declarations of the Legislature.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly March 24, 2025 | |
| 6 | - | ||
| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 5 | Amended IN Assembly March 24, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly March 24, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 495 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member Celeste RodriguezFebruary 10, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Celeste Rodriguez | |
| 21 | 18 | February 10, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to amend Section 234.7 of the Education Code, to amend Sections 6550 and 6552 of the Family Code, to add Section 1596.7997 to the Health and Safety Code, and to amend Sections 1502 and 2105 of the Probate Code, relating to immigration. | |
| 20 | + | An act relating to public social services. An act to amend Section 234.7 of the Education Code, to amend Sections 6550 and 6552 of the Family Code, to add Section 1596.7997 to the Health and Safety Code, and to amend Sections 1502 and 2105 of the Probate Code, relating to immigration. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | AB 495, as amended, Celeste Rodriguez. Family Preparedness Plan Act of 2025. | |
| 26 | + | AB 495, as amended, Celeste Rodriguez. Public social services: children. Family Preparedness Plan Act of 2025. | |
| 32 | 27 | ||
| 33 | - | (1) Under existing law, a caregiver who is 18 years of age or older and signs a caregivers authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregivers authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law. Existing law requires a caregiver to notify any school, health care provider, or health care service plan that has been given the affidavit if the minor stops living with the caregiver. Under existing law, a caregivers authorization affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.This bill, the Family Preparedness Plan Act of 2025, would instead provide that a caregivers authorization affidavit is valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. The bill would require that, in any case, the caregivers authorization affidavit would not be valid for more than one year after the date on which it was executed.The bill | |
| 28 | + | (1) Under existing law, a caregiver who is 18 years of age or older and signs a caregivers authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregivers authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law. Existing law requires a caregiver to notify any school, health care provider, or health care service plan that has been given the affidavit if the minor stops living with the caregiver. Under existing law, a caregivers authorization affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.This bill, the Family Preparedness Plan Act of 2025, would instead provide that a caregivers authorization affidavit is valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. The bill would require that, in any case, the caregivers authorization affidavit would not be valid for more than one year after the date on which it was executed.The bill would also expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.This bill would amend the statutory form for a caregivers authorization affidavit.(2) Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate. Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified.This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, to appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings to be confidential, as specified, and would prohibit this information from being disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order, as specified. The bill would also make these proceedings closed to the public, except as specified.The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. The bill would require a court to give due weight to the nomination of a guardian when signed by one or both parents if there is good cause to waive notice because the person cannot with reasonable diligence be notified or giving the notice would be contrary to the interest of justice.(3) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires that if an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care and encourages schools work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified. Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018.This bill would delete the provisions encouraging schools not to contact Child Protective Services described above. The bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney Generals guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.(4) Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, including day care centers and day care homes, by the State Department of Social Services. Under existing law, willful violation of these provisions is punishable as a misdemeanor.Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child. The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program.(5) Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Existing law establishes procedures to determine the placement of a dependent child when they are removed from the custody of the dependent childs parent or guardian and requires foster care placements, if possible, be made in the home of a relative unless the placement would not be in the best interest of the child.This bill would express the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. The bill would also express findings and declarations of the Legislature. | |
| 34 | 29 | ||
| 35 | 30 | (1) Under existing law, a caregiver who is 18 years of age or older and signs a caregivers authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregivers authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law. Existing law requires a caregiver to notify any school, health care provider, or health care service plan that has been given the affidavit if the minor stops living with the caregiver. Under existing law, a caregivers authorization affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver. | |
| 36 | 31 | ||
| 37 | 32 | This bill, the Family Preparedness Plan Act of 2025, would instead provide that a caregivers authorization affidavit is valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. The bill would require that, in any case, the caregivers authorization affidavit would not be valid for more than one year after the date on which it was executed. | |
| 38 | 33 | ||
| 39 | - | The bill | |
| 40 | - | ||
| 41 | - | This bill, the Family Preparedness Plan Act of 2025, would also expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program. | |
| 34 | + | The bill would also expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program. | |
| 42 | 35 | ||
| 43 | 36 | This bill would amend the statutory form for a caregivers authorization affidavit. | |
| 44 | 37 | ||
| 45 | 38 | (2) Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate. Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified. | |
| 46 | 39 | ||
| 47 | - | This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, | |
| 40 | + | This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, to appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings to be confidential, as specified, and would prohibit this information from being disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order, as specified. The bill would also make these proceedings closed to the public, except as specified. | |
| 48 | 41 | ||
| 49 | - | The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities | |
| 42 | + | The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. The bill would require a court to give due weight to the nomination of a guardian when signed by one or both parents if there is good cause to waive notice because the person cannot with reasonable diligence be notified or giving the notice would be contrary to the interest of justice. | |
| 50 | 43 | ||
| 51 | - | (3) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires that if an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care and encourages schools work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their childrens | |
| 44 | + | (3) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires that if an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care and encourages schools work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified. Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018. | |
| 52 | 45 | ||
| 53 | 46 | This bill would delete the provisions encouraging schools not to contact Child Protective Services described above. The bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney Generals guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. | |
| 54 | 47 | ||
| 55 | 48 | (4) Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, including day care centers and day care homes, by the State Department of Social Services. Under existing law, willful violation of these provisions is punishable as a misdemeanor. | |
| 56 | 49 | ||
| 57 | 50 | Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child. The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program. | |
| 58 | 51 | ||
| 59 | - | (5) | |
| 60 | - | ||
| 61 | - | (4) Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. | |
| 52 | + | (5) Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. | |
| 62 | 53 | ||
| 63 | 54 | This bill would make legislative findings to that effect. | |
| 64 | 55 | ||
| 65 | - | (6) | |
| 66 | - | ||
| 67 | - | (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 56 | + | (6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 68 | 57 | ||
| 69 | 58 | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 70 | 59 | ||
| 71 | 60 | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 72 | 61 | ||
| 62 | + | Existing law expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Existing law establishes procedures to determine the placement of a dependent child when they are removed from the custody of the dependent childs parent or guardian and requires foster care placements, if possible, be made in the home of a relative unless the placement would not be in the best interest of the child. | |
| 63 | + | ||
| 64 | + | ||
| 65 | + | ||
| 66 | + | This bill would express the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. The bill would also express findings and declarations of the Legislature. | |
| 67 | + | ||
| 68 | + | ||
| 69 | + | ||
| 73 | 70 | ## Digest Key | |
| 74 | 71 | ||
| 75 | 72 | ## Bill Text | |
| 76 | 73 | ||
| 77 | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Family Preparedness Plan Act of 2025.SEC. 2. The Legislature finds and declares all of the following:(a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.(b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age.(c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly | |
| 74 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Family Preparedness Plan Act of 2025.SEC. 2. The Legislature finds and declares all of the following:(a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.(b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age.(c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly immigrant parents to remain involved in their childrens upbringing during periods of immigration detention or deportation. These gaps in the legal framework exacerbate the emotional trauma experienced by children, disrupt access to education and health care, and hinder the ability of families to respond effectively to crises.(d) To address these challenges, the Legislature seeks to ensure that children facing the risk of family separation due to a parents immigration status have stable and legally recognized caregiving arrangements that protect their emotional and physical well-being. The intent of the Legislature is to provide clear and streamlined processes for short-term guardianships that address urgent needs, such as medical care and educational decisionmaking, while upholding the rights of parents. It is also the intent of the Legislature to refine the scope of guardianship nominations by delineating the rights and responsibilities of nominated guardians. Finally, it is the intent of the Legislature to clarify the powers granted under caregiver authorization affidavits to ensure consistent recognition by schools, health care providers, and other agencies to demonstrate continued support for children who reside with a relative or nonrelative extended family member caregiver.(e) By establishing a more coherent legal structure, it is the intent of the Legislature to reduce uncertainty and administrative barriers, enabling families to act swiftly and effectively in times of crisis. Supporting the stability of caregiving arrangements will mitigate the negative impacts on childrens mental health, educational outcomes, and overall well-being. These efforts reflect Californias commitment to protecting vulnerable families and upholding the fundamental rights of children and parents.SEC. 3. Section 234.7 of the Education Code is amended to read:234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. information.(d) The governing board or body of a local educational agency shall do both all of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General and General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) Nothing in this This section prohibits does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or his or her the superintendents designee, the superintendent of the county office of education or his or her the superintendents designee, or the principal of the charter school or his or her the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018. 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 4. Section 6550 of the Family Code is amended to read:6550. (a) (1) A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.(2) The affidavit shall be valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. In any case, the affidavit shall not be valid for more than one year after the date on which it was executed.(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.(c) A person who acts in good faith reliance on a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.(d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.(g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word warning statements specified in Section 6552. The warning statement statements shall be enclosed in a box with 3-point rule lines.(h) For purposes of this part, the following terms have the following meanings:(1) Person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.(2) Nonrelative extended family member means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child.(2)(3) Relative means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.(3)(4) School-related medical care means medical care that is required by state or local governmental authority as a condition for school enrollment, enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils.SEC. 5. Section 6552 of the Family Code is amended to read:6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address:4.My home address: .5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply):Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.6. 7.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.7. 8.My date of birth:.8. 9.My California drivers license or identification card or government issued consular cardnumber:.Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: Notices:1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.Additional Information:TO CAREGIVERS:1.Qualified relative, for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.2.Nonrelative extended family member for the purposes of item 6, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends.2.3.The law may require you, if you are not a relative relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.3.4.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.4.5.If you do not have the information requested in item 8 (California drivers license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.TO SCHOOL OFFICIALS:1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.3. A parents signature or seal or signature of the court is not required.TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:1.A person health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required.2.This affidavit does not confer dependency for health care coverage purposes.SEC. 6. Section 1596.7997 is added to the Health and Safety Code, to read:1596.7997. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The owner, operator, or administrator of a licensed child day care facility, as applicable, shall report to the department and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child, the facility shall first exhaust any parental instruction relating to the childs care found in the childs emergency contact information. A facility is encouraged to work with parents or guardians to update their emergency contact information.(d) Nothing in this section prohibits a licensed child day care facility from establishing stronger standards and protections.(e) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at licensed child day care facilities, to the fullest extent possible consistent with federal and state law, and ensuring that day care facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.(B) Procedures for day care facility employees to notify the owner, operator, or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(f) All licensed child day care facilities shall adopt the model policies developed pursuant to subdivision (e), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Licensed day care facilities shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.(g) A licensed day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information relating to the model policies developed pursuant to subdivision (e), including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.(h) For purposes of this section, licensed child day care facility means a child day care facility, as defined in Section 1596.750, that is licensed pursuant to this chapter.SEC. 7. Section 1502 of the Probate Code is amended to read:1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511.(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such to, conditions as to the subsequent legal incapacity or death of the person making the nomination. nomination or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. nomination, or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.SEC. 8. Section 2105 of the Probate Code is amended to read:2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A parent, custodian, or guardian may revoke a joint guardianship by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon a showing that the activating event no longer affects the parents availability to provide care for their child.(1) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause.(2) The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases.(3) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement.(4) Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved.SEC. 9. The Legislature finds and declares that Section 8 of this act, which amends Section 2105 of the Probate Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy interests of immigrants, it is essential to maintain the confidentiality of the records, information, and hearings described in Section 8 of this act.SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.(a)The Legislature finds and declares the following:(1)Children of noncitizens of the United States should not be left abandoned.(2)Section 16000 of the Welfare and Institutions Code expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Additionally, for foster care placements, Section 7950 of the Family Code requires that, if possible, the placement of dependent children be in the home of a relative, unless the placement would not be in the best interest of the child.(b)Therefore, it is the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. | |
| 78 | 75 | ||
| 79 | 76 | The people of the State of California do enact as follows: | |
| 80 | 77 | ||
| 81 | 78 | ## The people of the State of California do enact as follows: | |
| 82 | 79 | ||
| 83 | 80 | SECTION 1. This act shall be known, and may be cited, as the Family Preparedness Plan Act of 2025. | |
| 84 | 81 | ||
| 85 | 82 | SECTION 1. This act shall be known, and may be cited, as the Family Preparedness Plan Act of 2025. | |
| 86 | 83 | ||
| 87 | 84 | SECTION 1. This act shall be known, and may be cited, as the Family Preparedness Plan Act of 2025. | |
| 88 | 85 | ||
| 89 | 86 | ### SECTION 1. | |
| 90 | 87 | ||
| 91 | - | SEC. 2. The Legislature finds and declares all of the following:(a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.(b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age.(c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly | |
| 88 | + | SEC. 2. The Legislature finds and declares all of the following:(a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.(b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age.(c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly immigrant parents to remain involved in their childrens upbringing during periods of immigration detention or deportation. These gaps in the legal framework exacerbate the emotional trauma experienced by children, disrupt access to education and health care, and hinder the ability of families to respond effectively to crises.(d) To address these challenges, the Legislature seeks to ensure that children facing the risk of family separation due to a parents immigration status have stable and legally recognized caregiving arrangements that protect their emotional and physical well-being. The intent of the Legislature is to provide clear and streamlined processes for short-term guardianships that address urgent needs, such as medical care and educational decisionmaking, while upholding the rights of parents. It is also the intent of the Legislature to refine the scope of guardianship nominations by delineating the rights and responsibilities of nominated guardians. Finally, it is the intent of the Legislature to clarify the powers granted under caregiver authorization affidavits to ensure consistent recognition by schools, health care providers, and other agencies to demonstrate continued support for children who reside with a relative or nonrelative extended family member caregiver.(e) By establishing a more coherent legal structure, it is the intent of the Legislature to reduce uncertainty and administrative barriers, enabling families to act swiftly and effectively in times of crisis. Supporting the stability of caregiving arrangements will mitigate the negative impacts on childrens mental health, educational outcomes, and overall well-being. These efforts reflect Californias commitment to protecting vulnerable families and upholding the fundamental rights of children and parents. | |
| 92 | 89 | ||
| 93 | - | SEC. 2. The Legislature finds and declares all of the following:(a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.(b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age.(c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly | |
| 90 | + | SEC. 2. The Legislature finds and declares all of the following:(a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.(b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age.(c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly immigrant parents to remain involved in their childrens upbringing during periods of immigration detention or deportation. These gaps in the legal framework exacerbate the emotional trauma experienced by children, disrupt access to education and health care, and hinder the ability of families to respond effectively to crises.(d) To address these challenges, the Legislature seeks to ensure that children facing the risk of family separation due to a parents immigration status have stable and legally recognized caregiving arrangements that protect their emotional and physical well-being. The intent of the Legislature is to provide clear and streamlined processes for short-term guardianships that address urgent needs, such as medical care and educational decisionmaking, while upholding the rights of parents. It is also the intent of the Legislature to refine the scope of guardianship nominations by delineating the rights and responsibilities of nominated guardians. Finally, it is the intent of the Legislature to clarify the powers granted under caregiver authorization affidavits to ensure consistent recognition by schools, health care providers, and other agencies to demonstrate continued support for children who reside with a relative or nonrelative extended family member caregiver.(e) By establishing a more coherent legal structure, it is the intent of the Legislature to reduce uncertainty and administrative barriers, enabling families to act swiftly and effectively in times of crisis. Supporting the stability of caregiving arrangements will mitigate the negative impacts on childrens mental health, educational outcomes, and overall well-being. These efforts reflect Californias commitment to protecting vulnerable families and upholding the fundamental rights of children and parents. | |
| 94 | 91 | ||
| 95 | 92 | SEC. 2. The Legislature finds and declares all of the following: | |
| 96 | 93 | ||
| 97 | 94 | ### SEC. 2. | |
| 98 | 95 | ||
| 99 | 96 | (a) Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing. | |
| 100 | 97 | ||
| 101 | 98 | (b) Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. The state recognizes the unique challenges faced by immigrant families due to the federal administrations enhanced deportation actions, which risk widespread family separations and disrupt caregiving stability for children under 18 years of age. | |
| 102 | 99 | ||
| 103 | - | (c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly | |
| 100 | + | (c) Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, are overly broad and fail to adequately safeguard the rights of parents particularly immigrant parents to remain involved in their childrens upbringing during periods of immigration detention or deportation. These gaps in the legal framework exacerbate the emotional trauma experienced by children, disrupt access to education and health care, and hinder the ability of families to respond effectively to crises. | |
| 104 | 101 | ||
| 105 | 102 | (d) To address these challenges, the Legislature seeks to ensure that children facing the risk of family separation due to a parents immigration status have stable and legally recognized caregiving arrangements that protect their emotional and physical well-being. The intent of the Legislature is to provide clear and streamlined processes for short-term guardianships that address urgent needs, such as medical care and educational decisionmaking, while upholding the rights of parents. It is also the intent of the Legislature to refine the scope of guardianship nominations by delineating the rights and responsibilities of nominated guardians. Finally, it is the intent of the Legislature to clarify the powers granted under caregiver authorization affidavits to ensure consistent recognition by schools, health care providers, and other agencies to demonstrate continued support for children who reside with a relative or nonrelative extended family member caregiver. | |
| 106 | 103 | ||
| 107 | 104 | (e) By establishing a more coherent legal structure, it is the intent of the Legislature to reduce uncertainty and administrative barriers, enabling families to act swiftly and effectively in times of crisis. Supporting the stability of caregiving arrangements will mitigate the negative impacts on childrens mental health, educational outcomes, and overall well-being. These efforts reflect Californias commitment to protecting vulnerable families and upholding the fundamental rights of children and parents. | |
| 108 | 105 | ||
| 109 | - | SEC. 3. Section 234.7 of the Education Code is amended to read:234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact | |
| 106 | + | SEC. 3. Section 234.7 of the Education Code is amended to read:234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. information.(d) The governing board or body of a local educational agency shall do both all of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General and General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) Nothing in this This section prohibits does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or his or her the superintendents designee, the superintendent of the county office of education or his or her the superintendents designee, or the principal of the charter school or his or her the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018. 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 110 | 107 | ||
| 111 | 108 | SEC. 3. Section 234.7 of the Education Code is amended to read: | |
| 112 | 109 | ||
| 113 | 110 | ### SEC. 3. | |
| 114 | 111 | ||
| 115 | - | 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact | |
| 112 | + | 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. information.(d) The governing board or body of a local educational agency shall do both all of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General and General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) Nothing in this This section prohibits does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or his or her the superintendents designee, the superintendent of the county office of education or his or her the superintendents designee, or the principal of the charter school or his or her the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018. 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 116 | 113 | ||
| 117 | - | 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact | |
| 114 | + | 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. information.(d) The governing board or body of a local educational agency shall do both all of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General and General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) Nothing in this This section prohibits does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or his or her the superintendents designee, the superintendent of the county office of education or his or her the superintendents designee, or the principal of the charter school or his or her the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018. 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 118 | 115 | ||
| 119 | - | 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact information. information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.(d) The governing board or body of a local educational agency shall do all of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens childs right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 K12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or the superintendents designee, the superintendent of the county office of education or the superintendents designee, or the principal of the charter school or the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 K12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 116 | + | 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. information.(d) The governing board or body of a local educational agency shall do both all of the following:(1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General and General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.(2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.(e) Nothing in this This section prohibits does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.(f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement.(B) Procedures for local educational agency employees to notify the superintendent of the school district or his or her the superintendents designee, the superintendent of the county office of education or his or her the superintendents designee, or the principal of the charter school or his or her the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018. 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.(h) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 117 | + | ||
| 118 | + | ||
| 120 | 119 | ||
| 121 | 120 | 234.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members. | |
| 122 | 121 | ||
| 123 | - | ###### 234.7. | |
| 124 | - | ||
| 125 | 122 | (b) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. | |
| 126 | 123 | ||
| 127 | - | (c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact | |
| 124 | + | (c) If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update the their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. information. | |
| 128 | 125 | ||
| 129 | - | (d) The governing board or body of a local educational agency shall do all of the following: | |
| 126 | + | (d) The governing board or body of a local educational agency shall do both all of the following: | |
| 130 | 127 | ||
| 131 | - | (1) Provide information to parents and guardians, as appropriate, regarding their childrens | |
| 128 | + | (1) Provide information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to know your rights immigration enforcement established Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General and General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency. | |
| 132 | 129 | ||
| 133 | 130 | (2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs. | |
| 134 | 131 | ||
| 135 | - | (e) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections. | |
| 132 | + | (e) Nothing in this This section prohibits does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections. | |
| 136 | 133 | ||
| 137 | 134 | (f) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies: | |
| 138 | 135 | ||
| 139 | 136 | (A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement. | |
| 140 | 137 | ||
| 141 | - | (B) Procedures for local educational agency employees to notify the superintendent of the school district or the superintendents designee, the superintendent of the county office of education or the superintendents designee, or the principal of the charter school or the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement. | |
| 138 | + | (B) Procedures for local educational agency employees to notify the superintendent of the school district or his or her the superintendents designee, the superintendent of the county office of education or his or her the superintendents designee, or the principal of the charter school or his or her the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement. | |
| 142 | 139 | ||
| 143 | 140 | (C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement. | |
| 144 | 141 | ||
| 145 | 142 | (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action. | |
| 146 | 143 | ||
| 147 | - | (g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 | |
| 144 | + | (g) All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018. 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K-12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. | |
| 148 | 145 | ||
| 149 | 146 | (h) For purposes of this section, local educational agency means a school district, county office of education, or charter school. | |
| 150 | 147 | ||
| 151 | - | SEC. 4. Section 6550 of the Family Code is amended to read:6550. (a) (1)A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative | |
| 148 | + | SEC. 4. Section 6550 of the Family Code is amended to read:6550. (a) (1) A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.(2) The affidavit shall be valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. In any case, the affidavit shall not be valid for more than one year after the date on which it was executed.(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.(c) A person who acts in good faith reliance on a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.(d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.(g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word warning statements specified in Section 6552. The warning statement statements shall be enclosed in a box with 3-point rule lines.(h) For purposes of this part, the following terms have the following meanings:(1) Person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.(2) Nonrelative extended family member means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child.(2)(3) Relative means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.(3)(4) School-related medical care means medical care that is required by state or local governmental authority as a condition for school enrollment, enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. | |
| 152 | 149 | ||
| 153 | 150 | SEC. 4. Section 6550 of the Family Code is amended to read: | |
| 154 | 151 | ||
| 155 | 152 | ### SEC. 4. | |
| 156 | 153 | ||
| 157 | - | 6550. (a) (1)A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative | |
| 154 | + | 6550. (a) (1) A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.(2) The affidavit shall be valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. In any case, the affidavit shall not be valid for more than one year after the date on which it was executed.(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.(c) A person who acts in good faith reliance on a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.(d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.(g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word warning statements specified in Section 6552. The warning statement statements shall be enclosed in a box with 3-point rule lines.(h) For purposes of this part, the following terms have the following meanings:(1) Person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.(2) Nonrelative extended family member means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child.(2)(3) Relative means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.(3)(4) School-related medical care means medical care that is required by state or local governmental authority as a condition for school enrollment, enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. | |
| 158 | 155 | ||
| 159 | - | 6550. (a) (1)A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative | |
| 156 | + | 6550. (a) (1) A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.(2) The affidavit shall be valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. In any case, the affidavit shall not be valid for more than one year after the date on which it was executed.(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.(c) A person who acts in good faith reliance on a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.(d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.(g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word warning statements specified in Section 6552. The warning statement statements shall be enclosed in a box with 3-point rule lines.(h) For purposes of this part, the following terms have the following meanings:(1) Person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.(2) Nonrelative extended family member means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child.(2)(3) Relative means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.(3)(4) School-related medical care means medical care that is required by state or local governmental authority as a condition for school enrollment, enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. | |
| 160 | 157 | ||
| 161 | - | 6550. (a) (1)A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative | |
| 158 | + | 6550. (a) (1) A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.(2) The affidavit shall be valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. In any case, the affidavit shall not be valid for more than one year after the date on which it was executed.(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.(c) A person who acts in good faith reliance on a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.(d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.(g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word warning statements specified in Section 6552. The warning statement statements shall be enclosed in a box with 3-point rule lines.(h) For purposes of this part, the following terms have the following meanings:(1) Person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.(2) Nonrelative extended family member means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child.(2)(3) Relative means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.(3)(4) School-related medical care means medical care that is required by state or local governmental authority as a condition for school enrollment, enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. | |
| 162 | 159 | ||
| 163 | - | 6550. (a) (1)A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative or a nonrelative extended family member may include mental health treatment subject to the limitations of Section 2356 of the Probate Code. | |
| 164 | 160 | ||
| 165 | - | ###### 6550. | |
| 161 | + | ||
| 162 | + | 6550. (a) (1) A caregivers authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative or a nonrelative extended family member and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code. | |
| 166 | 163 | ||
| 167 | 164 | (2) The affidavit shall be valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. In any case, the affidavit shall not be valid for more than one year after the date on which it was executed. | |
| 168 | 165 | ||
| 169 | 166 | (b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor. | |
| 170 | 167 | ||
| 171 | 168 | (c) A person who acts in good faith reliance on a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor. | |
| 172 | 169 | ||
| 173 | 170 | (d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation. | |
| 174 | 171 | ||
| 175 | 172 | (e) Nothing in this section relieves any individual from liability for violations of other provisions of law. | |
| 176 | 173 | ||
| 177 | 174 | (f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver. | |
| 178 | 175 | ||
| 179 | - | (g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statements specified in Section 6552. The warning statements shall be enclosed in a box with 3-point | |
| 176 | + | (g) A caregivers authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word warning statements specified in Section 6552. The warning statement statements shall be enclosed in a box with 3-point rule lines. | |
| 180 | 177 | ||
| 181 | 178 | (h) For purposes of this part, the following terms have the following meanings: | |
| 182 | 179 | ||
| 183 | 180 | (1) Person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. | |
| 184 | 181 | ||
| 185 | 182 | (2) Nonrelative extended family member means any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child. | |
| 186 | 183 | ||
| 187 | - | ( | |
| 184 | + | (2) | |
| 188 | 185 | ||
| 189 | - | (4) School-related medical care means medical care care, including immunizations, physical examinations, and medical examinations conducted in schools for pupils, that is required by state or local governmental authority as a condition for school enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. activities. | |
| 190 | 186 | ||
| 191 | - | SEC. 5. Section 6552 of the Family Code is amended to read:6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address: .5.I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6.5. I am a relative or nonrelative extended family member of the child or a relative of the child, as follows (check all that apply): (see back of this form for a definition of relative and nonrelative extended family member).Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.7.6.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.8.7.My date of birth:.9.8.My California drivers license or identification card or government issued government-issued consular cardnumber:.Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: Notices:1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.Additional Information:TO CAREGIVERS:1.Qualified relative, Relative, for purposes of item 5, means a spouse, parent, stepparent, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution.2.Nonrelative extended family member for the purposes of item 6, 5, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties Nonrelative extended family members may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends.3.The law may require you, if you are not a relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.4.If the minor stops living with you, you the affidavit is no longer valid. You are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you. affidavit that the minor is no longer living with you and that, as a result, the affidavit is no longer valid.5.If you do not have the information requested in item 8 (California drivers license or I.D.), I.D., or government-issued consular card), provide another form of identification such as your social security number or Medi-Cal number.TO SCHOOL OFFICIALS:1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.3. A parents signature or seal or signature of the court is not required.TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:1.When signed by a relative or nonrelative extended family member, this affidavit shall confer the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized for a relative or nonrelative extended family member caregiver may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.1.2.A health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required.2.3.This affidavit does not confer dependency for health care coverage purposes. | |
| 187 | + | ||
| 188 | + | (3) Relative means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. | |
| 189 | + | ||
| 190 | + | (3) | |
| 191 | + | ||
| 192 | + | ||
| 193 | + | ||
| 194 | + | (4) School-related medical care means medical care that is required by state or local governmental authority as a condition for school enrollment, enrollment or participation in local educational agency-related extracurricular activities, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. | |
| 195 | + | ||
| 196 | + | SEC. 5. Section 6552 of the Family Code is amended to read:6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address:4.My home address: .5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply):Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.6. 7.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.7. 8.My date of birth:.8. 9.My California drivers license or identification card or government issued consular cardnumber:.Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: Notices:1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.Additional Information:TO CAREGIVERS:1.Qualified relative, for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.2.Nonrelative extended family member for the purposes of item 6, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends.2.3.The law may require you, if you are not a relative relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.3.4.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.4.5.If you do not have the information requested in item 8 (California drivers license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.TO SCHOOL OFFICIALS:1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.3. A parents signature or seal or signature of the court is not required.TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:1.A person health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required.2.This affidavit does not confer dependency for health care coverage purposes. | |
| 192 | 197 | ||
| 193 | 198 | SEC. 5. Section 6552 of the Family Code is amended to read: | |
| 194 | 199 | ||
| 195 | 200 | ### SEC. 5. | |
| 196 | 201 | ||
| 197 | - | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address: .5.I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. | |
| 202 | + | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address:4.My home address: .5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply):Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.6. 7.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.7. 8.My date of birth:.8. 9.My California drivers license or identification card or government issued consular cardnumber:.Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: Notices:1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.Additional Information:TO CAREGIVERS:1.Qualified relative, for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.2.Nonrelative extended family member for the purposes of item 6, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends.2.3.The law may require you, if you are not a relative relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.3.4.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.4.5.If you do not have the information requested in item 8 (California drivers license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.TO SCHOOL OFFICIALS:1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.3. A parents signature or seal or signature of the court is not required.TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:1.A person health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required.2.This affidavit does not confer dependency for health care coverage purposes. | |
| 198 | 203 | ||
| 199 | - | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address: .5.I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. | |
| 204 | + | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address:4.My home address: .5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply):Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.6. 7.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.7. 8.My date of birth:.8. 9.My California drivers license or identification card or government issued consular cardnumber:.Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: Notices:1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.Additional Information:TO CAREGIVERS:1.Qualified relative, for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.2.Nonrelative extended family member for the purposes of item 6, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends.2.3.The law may require you, if you are not a relative relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.3.4.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.4.5.If you do not have the information requested in item 8 (California drivers license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.TO SCHOOL OFFICIALS:1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.3. A parents signature or seal or signature of the court is not required.TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:1.A person health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required.2.This affidavit does not confer dependency for health care coverage purposes. | |
| 200 | 205 | ||
| 201 | - | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address: .5.I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. | |
| 206 | + | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address:4.My home address: .5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply):Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.6. 7.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.7. 8.My date of birth:.8. 9.My California drivers license or identification card or government issued consular cardnumber:.Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: Notices:1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.Additional Information:TO CAREGIVERS:1.Qualified relative, for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.2.Nonrelative extended family member for the purposes of item 6, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends.2.3.The law may require you, if you are not a relative relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.3.4.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.4.5.If you do not have the information requested in item 8 (California drivers license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.TO SCHOOL OFFICIALS:1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.3. A parents signature or seal or signature of the court is not required.TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:1.A person health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required.2.This affidavit does not confer dependency for health care coverage purposes. | |
| 202 | 207 | ||
| 203 | - | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address: .5.I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6.5. I am a relative or nonrelative extended family member of the child or a relative of the child, as follows (check all that apply): (see back of this form for a definition of relative and nonrelative extended family member).Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.7.6.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.8.7.My date of birth:.9.8.My California drivers license or identification card or government issued government-issued consular cardnumber:.Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: | |
| 204 | 208 | ||
| 205 | - | ###### 6552. | |
| 209 | + | ||
| 210 | + | 6552. The caregivers authorization affidavit shall be in substantially the following form: Caregivers Authorization AffidavitUse of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly.The minor named below lives in my home and I am 18 years of age or older.1.Name of minor:.2.Minors birth date:.3.My name (adult giving authorization):.4.My home address:4.My home address: .5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative).6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply):Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child.6. 7.Check one or both (for example, if one parent was advised and the other cannot be located):I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.7. 8.My date of birth:.8. 9.My California drivers license or identification card or government issued consular cardnumber:.Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated: Signed: | |
| 206 | 211 | ||
| 207 | 212 | Caregivers Authorization Affidavit | |
| 208 | 213 | Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code. | |
| 209 | 214 | Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly. | |
| 210 | 215 | The minor named below lives in my home and I am 18 years of age or older. | |
| 211 | 216 | 1.Name of minor:. | |
| 212 | 217 | 2.Minors birth date:. | |
| 213 | 218 | 3.My name (adult giving authorization):. | |
| 214 | - | 4.My home address: . | |
| 219 | + | 4.My home address:4.My home address: . | |
| 215 | 220 | 5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative). | |
| 216 | - | 6. | |
| 221 | + | 6. I am a nonrelative extended family member of the child or a relative of the child, as follows (check all that apply): | |
| 217 | 222 | Extended relative, teacher/counselor, medical professional, clergy/godparent, neighbor, family friend, previously lived with or cared for the child, previously lived with or cared for a relative of the child. | |
| 218 | - | 7 | |
| 223 | + | 6. 7.Check one or both (for example, if one parent was advised and the other cannot be located): | |
| 219 | 224 | I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection. | |
| 220 | 225 | I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization. | |
| 221 | - | 8.7.My date of birth:. | |
| 222 | - | 9.8.My California drivers license or identification card or government issued government-issued consular cardnumber:. | |
| 223 | - | ||
| 224 | - | ||
| 226 | + | 7. 8.My date of birth:. | |
| 227 | + | 8. 9.My California drivers license or identification card or government issued consular cardnumber:. | |
| 225 | 228 | ||
| 226 | 229 | Caregivers Authorization Affidavit | |
| 227 | 230 | ||
| 228 | 231 | Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code. | |
| 229 | 232 | ||
| 230 | 233 | Instructions: Completion of items 14 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 58 is additionally required to authorize any other medical care. Print clearly. | |
| 231 | 234 | ||
| 232 | 235 | The minor named below lives in my home and I am 18 years of age or older. | |
| 233 | 236 | ||
| 234 | 237 | 1.Name of minor:. | |
| 235 | 238 | ||
| 236 | 239 | 2.Minors birth date:. | |
| 237 | 240 | ||
| 238 | 241 | 3.My name (adult giving authorization):. | |
| 239 | 242 | ||
| 240 | 243 | 4.My home address: | |
| 241 | 244 | ||
| 245 | + | ||
| 246 | + | ||
| 247 | + | 4.My home address: | |
| 248 | + | ||
| 242 | 249 | . | |
| 250 | + | ||
| 251 | + | ||
| 252 | + | ||
| 253 | + | ||
| 243 | 254 | ||
| 244 | 255 | 5. I am a grandparent, aunt, uncle, sibling, or other qualified relative of the minor (see back of this form for a definition of qualified relative). | |
| 245 | 256 | ||
| 246 | - | 7 | |
| 257 | + | 6. 7.Check one or both (for example, if one parent was advised and the other cannot be located): | |
| 247 | 258 | ||
| 248 | 259 | I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection. | |
| 249 | 260 | ||
| 250 | 261 | I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization. | |
| 251 | 262 | ||
| 252 | - | 8 | |
| 263 | + | 7. 8.My date of birth:. | |
| 253 | 264 | ||
| 254 | - | 9 | |
| 265 | + | 8. 9.My California drivers license or identification card or government issued consular card | |
| 255 | 266 | ||
| 256 | 267 | number:. | |
| 257 | 268 | ||
| 258 | - | Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both. | |
| 269 | + | Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both. | |
| 259 | 270 | ||
| 260 | 271 | ||
| 261 | 272 | ||
| 262 | - | Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both. | |
| 273 | + | Warning: Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both. | |
| 274 | + | ||
| 275 | + | ||
| 263 | 276 | ||
| 264 | 277 | Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required. | |
| 265 | 278 | ||
| 266 | 279 | ||
| 267 | 280 | ||
| 268 | 281 | Warning to Local Educational Agencies and Health Care Service Providers: A parents signature or a seal or signature from a court is not required. | |
| 269 | 282 | ||
| 283 | + | ||
| 284 | + | ||
| 270 | 285 | I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. | |
| 271 | 286 | Dated: Signed: | |
| 272 | - | ||
| 273 | - | ||
| 274 | 287 | ||
| 275 | 288 | I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. | |
| 276 | 289 | ||
| 277 | 290 | Dated: | |
| 278 | 291 | ||
| 279 | 292 | Signed: | |
| 280 | 293 | ||
| 281 | 294 | Notices: | |
| 282 | 295 | ||
| 283 | 296 | 1.This declaration does not affect the rights of the minors parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor. | |
| 284 | 297 | ||
| 285 | 298 | 2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation. | |
| 286 | 299 | ||
| 287 | 300 | Additional Information: | |
| 288 | 301 | ||
| 289 | 302 | TO CAREGIVERS: | |
| 290 | 303 | ||
| 291 | - | 1.Qualified | |
| 304 | + | 1.Qualified relative, for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, sibling, stepsibling, half-sibling, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. | |
| 292 | 305 | ||
| 293 | - | 2.Nonrelative extended family member for the purposes of item 6 | |
| 306 | + | 2.Nonrelative extended family member for the purposes of item 6, means an adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child. The parties may include, but are not limited to, teachers, medical professionals, clergy, neighbors, and family friends. | |
| 294 | 307 | ||
| 295 | - | ||
| 308 | + | 2. | |
| 296 | 309 | ||
| 297 | - | 4.If the minor stops living with you, you the affidavit is no longer valid. You are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you. affidavit that the minor is no longer living with you and that, as a result, the affidavit is no longer valid. | |
| 298 | 310 | ||
| 299 | - | 5.If you do not have the information requested in item 8 (California drivers license or I.D.), I.D., or government-issued consular card), provide another form of identification such as your social security number or Medi-Cal number. | |
| 311 | + | ||
| 312 | + | 3.The law may require you, if you are not a relative relative, nonrelative extended family member, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services. | |
| 313 | + | ||
| 314 | + | 3. | |
| 315 | + | ||
| 316 | + | ||
| 317 | + | ||
| 318 | + | 4.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you. | |
| 319 | + | ||
| 320 | + | 4. | |
| 321 | + | ||
| 322 | + | ||
| 323 | + | ||
| 324 | + | 5.If you do not have the information requested in item 8 (California drivers license or I.D.), provide another form of identification such as your social security number or Medi-Cal number. | |
| 300 | 325 | ||
| 301 | 326 | TO SCHOOL OFFICIALS: | |
| 302 | 327 | ||
| 303 | 328 | 1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver. | |
| 304 | 329 | ||
| 305 | 330 | 2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4. | |
| 306 | 331 | ||
| 307 | 332 | 3. A parents signature or seal or signature of the court is not required. | |
| 308 | 333 | ||
| 309 | 334 | TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS: | |
| 310 | 335 | ||
| 311 | - | 1. | |
| 336 | + | 1.A person health care service provider who acts in good faith reliance upon a caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A parents signature or seal or signature of the court is not required. | |
| 312 | 337 | ||
| 313 | - | 2 | |
| 338 | + | 2.This affidavit does not confer dependency for health care coverage purposes. | |
| 314 | 339 | ||
| 315 | - | (a)Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members. | |
| 340 | + | SEC. 6. Section 1596.7997 is added to the Health and Safety Code, to read:1596.7997. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The owner, operator, or administrator of a licensed child day care facility, as applicable, shall report to the department and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child, the facility shall first exhaust any parental instruction relating to the childs care found in the childs emergency contact information. A facility is encouraged to work with parents or guardians to update their emergency contact information.(d) Nothing in this section prohibits a licensed child day care facility from establishing stronger standards and protections.(e) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at licensed child day care facilities, to the fullest extent possible consistent with federal and state law, and ensuring that day care facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.(B) Procedures for day care facility employees to notify the owner, operator, or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(f) All licensed child day care facilities shall adopt the model policies developed pursuant to subdivision (e), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Licensed day care facilities shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.(g) A licensed day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information relating to the model policies developed pursuant to subdivision (e), including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.(h) For purposes of this section, licensed child day care facility means a child day care facility, as defined in Section 1596.750, that is licensed pursuant to this chapter. | |
| 341 | + | ||
| 342 | + | SEC. 6. Section 1596.7997 is added to the Health and Safety Code, to read: | |
| 343 | + | ||
| 344 | + | ### SEC. 6. | |
| 345 | + | ||
| 346 | + | 1596.7997. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The owner, operator, or administrator of a licensed child day care facility, as applicable, shall report to the department and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child, the facility shall first exhaust any parental instruction relating to the childs care found in the childs emergency contact information. A facility is encouraged to work with parents or guardians to update their emergency contact information.(d) Nothing in this section prohibits a licensed child day care facility from establishing stronger standards and protections.(e) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at licensed child day care facilities, to the fullest extent possible consistent with federal and state law, and ensuring that day care facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.(B) Procedures for day care facility employees to notify the owner, operator, or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(f) All licensed child day care facilities shall adopt the model policies developed pursuant to subdivision (e), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Licensed day care facilities shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.(g) A licensed day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information relating to the model policies developed pursuant to subdivision (e), including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.(h) For purposes of this section, licensed child day care facility means a child day care facility, as defined in Section 1596.750, that is licensed pursuant to this chapter. | |
| 347 | + | ||
| 348 | + | 1596.7997. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The owner, operator, or administrator of a licensed child day care facility, as applicable, shall report to the department and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child, the facility shall first exhaust any parental instruction relating to the childs care found in the childs emergency contact information. A facility is encouraged to work with parents or guardians to update their emergency contact information.(d) Nothing in this section prohibits a licensed child day care facility from establishing stronger standards and protections.(e) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at licensed child day care facilities, to the fullest extent possible consistent with federal and state law, and ensuring that day care facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.(B) Procedures for day care facility employees to notify the owner, operator, or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(f) All licensed child day care facilities shall adopt the model policies developed pursuant to subdivision (e), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Licensed day care facilities shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.(g) A licensed day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information relating to the model policies developed pursuant to subdivision (e), including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.(h) For purposes of this section, licensed child day care facility means a child day care facility, as defined in Section 1596.750, that is licensed pursuant to this chapter. | |
| 349 | + | ||
| 350 | + | 1596.7997. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.(b) The owner, operator, or administrator of a licensed child day care facility, as applicable, shall report to the department and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.(c) If an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child, the facility shall first exhaust any parental instruction relating to the childs care found in the childs emergency contact information. A facility is encouraged to work with parents or guardians to update their emergency contact information.(d) Nothing in this section prohibits a licensed child day care facility from establishing stronger standards and protections.(e) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at licensed child day care facilities, to the fullest extent possible consistent with federal and state law, and ensuring that day care facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:(A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.(B) Procedures for day care facility employees to notify the owner, operator, or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.(C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.(f) All licensed child day care facilities shall adopt the model policies developed pursuant to subdivision (e), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Licensed day care facilities shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.(g) A licensed day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information relating to the model policies developed pursuant to subdivision (e), including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.(h) For purposes of this section, licensed child day care facility means a child day care facility, as defined in Section 1596.750, that is licensed pursuant to this chapter. | |
| 351 | + | ||
| 352 | + | ||
| 353 | + | ||
| 354 | + | 1596.7997. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, licensed child day care facilities and employees of licensed child day care facilities shall not collect information or documents regarding citizenship or immigration status of pupils or their family members. | |
| 316 | 355 | ||
| 317 | 356 | (b) The owner, operator, or administrator of a licensed child day care facility, as applicable, shall report to the department and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. | |
| 318 | 357 | ||
| 319 | 358 | (c) If an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child, the facility shall first exhaust any parental instruction relating to the childs care found in the childs emergency contact information. A facility is encouraged to work with parents or guardians to update their emergency contact information. | |
| 320 | 359 | ||
| 321 | 360 | (d) Nothing in this section prohibits a licensed child day care facility from establishing stronger standards and protections. | |
| 322 | 361 | ||
| 323 | 362 | (e) (1) The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at licensed child day care facilities, to the fullest extent possible consistent with federal and state law, and ensuring that day care facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies: | |
| 324 | 363 | ||
| 325 | 364 | (A) Procedures related to requests for access to facility grounds for purposes related to immigration enforcement. | |
| 326 | 365 | ||
| 327 | 366 | (B) Procedures for day care facility employees to notify the owner, operator, or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement. | |
| 328 | 367 | ||
| 329 | 368 | (C) Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement. | |
| 330 | 369 | ||
| 331 | 370 | (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action. | |
| 332 | 371 | ||
| 333 | 372 | (f) All licensed child day care facilities shall adopt the model policies developed pursuant to subdivision (e), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Licensed day care facilities shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. | |
| 334 | 373 | ||
| 335 | 374 | (g) A licensed day care facility, upon enrolling or reenrolling any child, shall provide the parent or guardian with written information relating to the model policies developed pursuant to subdivision (e), including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. | |
| 336 | 375 | ||
| 337 | 376 | (h) For purposes of this section, licensed child day care facility means a child day care facility, as defined in Section 1596.750, that is licensed pursuant to this chapter. | |
| 338 | 377 | ||
| 339 | - | SEC. 7 | |
| 378 | + | SEC. 7. Section 1502 of the Probate Code is amended to read:1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511.(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such to, conditions as to the subsequent legal incapacity or death of the person making the nomination. nomination or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. nomination, or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities. | |
| 340 | 379 | ||
| 341 | - | SEC. 7 | |
| 380 | + | SEC. 7. Section 1502 of the Probate Code is amended to read: | |
| 342 | 381 | ||
| 343 | - | ### SEC. 7. | |
| 382 | + | ### SEC. 7. | |
| 344 | 383 | ||
| 345 | - | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511. | |
| 384 | + | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511.(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such to, conditions as to the subsequent legal incapacity or death of the person making the nomination. nomination or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. nomination, or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities. | |
| 346 | 385 | ||
| 347 | - | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511. | |
| 386 | + | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511.(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such to, conditions as to the subsequent legal incapacity or death of the person making the nomination. nomination or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. nomination, or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities. | |
| 348 | 387 | ||
| 349 | - | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511. | |
| 388 | + | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511.(b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such to, conditions as to the subsequent legal incapacity or death of the person making the nomination. nomination or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities.(c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. nomination, or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities. | |
| 350 | 389 | ||
| 351 | - | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511. pursuant to Section 3043 of the Family Code. | |
| 352 | 390 | ||
| 353 | - | ###### 1502. | |
| 354 | 391 | ||
| 355 | - | ( | |
| 392 | + | 1502. (a) A nomination of a guardian under this article may be made in the petition for the appointment of the guardian or at the hearing on the petition or in a writing signed either before or after the petition for the appointment of the guardian is filed. The court shall give due weight to the nomination when signed by one or both parents if there is good cause to waive notice pursuant to subdivision (g) of Section 1511. | |
| 356 | 393 | ||
| 357 | - | ( | |
| 394 | + | (b) The nomination of a guardian under this article is effective when made except that a writing nominating a guardian under this article may provide that the nomination becomes effective only upon the occurrence of such specified condition or conditions as are stated in the writing, including but not limited to such to, conditions as to the subsequent legal incapacity or death of the person making the nomination. nomination or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities. | |
| 358 | 395 | ||
| 359 | - | ||
| 396 | + | (c) Unless the writing making the nomination expressly otherwise provides, a nomination made under this article remains effective notwithstanding the subsequent legal incapacity or death of the person making the nomination. nomination, or the person making the nomination is subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities. | |
| 360 | 397 | ||
| 361 | - | SEC. 8 | |
| 398 | + | SEC. 8. Section 2105 of the Probate Code is amended to read:2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A parent, custodian, or guardian may revoke a joint guardianship by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon a showing that the activating event no longer affects the parents availability to provide care for their child.(1) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause.(2) The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases.(3) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement.(4) Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved. | |
| 362 | 399 | ||
| 363 | - | ||
| 400 | + | SEC. 8. Section 2105 of the Probate Code is amended to read: | |
| 364 | 401 | ||
| 365 | - | ||
| 402 | + | ### SEC. 8. | |
| 366 | 403 | ||
| 367 | - | 2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) | |
| 404 | + | 2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A parent, custodian, or guardian may revoke a joint guardianship by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon a showing that the activating event no longer affects the parents availability to provide care for their child.(1) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause.(2) The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases.(3) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement.(4) Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved. | |
| 368 | 405 | ||
| 369 | - | 2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) (1) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. will be temporarily unavailable due to specified circumstances, including, but not limited to, a serious medical condition or disability, military service, incarceration, or an immigration-related administrative action, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. A nomination made pursuant to this subdivision shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A(2) A parent, custodian, or guardian may revoke a joint guardianship issued pursuant to this subdivision by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon 1601. Upon a showing that the activating event no longer affects the parents availability to provide care for their child. child, there shall be a presumption that termination is in the childs best interest.(1)(3) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause. and shall be made available only to the persons who have been served in the proceeding and their attorneys, if applicable. The clerk of the court shall make provisions to limit access to these documents and any other personally identifiable information of the minor, custodial parent, the appointed guardian, or family members who are a party to or identified in the proceeding.(2)The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases.(3)(4) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement.(4)Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved. | |
| 406 | + | 2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A parent, custodian, or guardian may revoke a joint guardianship by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon a showing that the activating event no longer affects the parents availability to provide care for their child.(1) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause.(2) The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases.(3) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement.(4) Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved. | |
| 407 | + | ||
| 408 | + | 2105. (a) The court, in its discretion, may appoint for a ward or conservatee:(1) Two or more joint guardians or conservators of the person.(2) Two or more joint guardians or conservators of the estate.(3) Two or more joint guardians or conservators of the person and estate.(b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator.(c) Subject to subdivisions (d) and (e):(1) Where there are two guardians or conservators, both must concur to exercise a power.(2) Where there are more than two guardians or conservators, a majority must concur to exercise a power.(d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court.(e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order.(f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required.Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death.(g) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A parent, custodian, or guardian may revoke a joint guardianship by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon a showing that the activating event no longer affects the parents availability to provide care for their child.(1) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause.(2) The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases.(3) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement.(4) Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved. | |
| 409 | + | ||
| 410 | + | ||
| 370 | 411 | ||
| 371 | 412 | 2105. (a) The court, in its discretion, may appoint for a ward or conservatee: | |
| 372 | - | ||
| 373 | - | ###### 2105. | |
| 374 | 413 | ||
| 375 | 414 | (1) Two or more joint guardians or conservators of the person. | |
| 376 | 415 | ||
| 377 | 416 | (2) Two or more joint guardians or conservators of the estate. | |
| 378 | 417 | ||
| 379 | 418 | (3) Two or more joint guardians or conservators of the person and estate. | |
| 380 | 419 | ||
| 381 | 420 | (b) When joint guardians or conservators are appointed, each shall qualify in the same manner as a sole guardian or conservator. | |
| 382 | 421 | ||
| 383 | 422 | (c) Subject to subdivisions (d) and (e): | |
| 384 | 423 | ||
| 385 | 424 | (1) Where there are two guardians or conservators, both must concur to exercise a power. | |
| 386 | 425 | ||
| 387 | 426 | (2) Where there are more than two guardians or conservators, a majority must concur to exercise a power. | |
| 388 | 427 | ||
| 389 | 428 | (d) If one of the joint guardians or conservators dies or is removed or resigns, the powers and duties continue in the remaining joint guardians or conservators until further appointment is made by the court. | |
| 390 | 429 | ||
| 391 | 430 | (e) Where joint guardians or conservators have been appointed and one or more are (1) absent from the state and unable to act, (2) otherwise unable to act, or (3) legally disqualified from serving, the court may, by order made with or without notice, authorize the remaining joint guardians or conservators to act as to all matters embraced within its order. | |
| 392 | 431 | ||
| 393 | - | (f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required. | |
| 432 | + | (f) If a custodial parent has been diagnosed as having a terminal condition, as evidenced by a declaration executed by a licensed physician, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. However, this appointment shall not be made over the objection of a noncustodial parent without a finding that the noncustodial parents custody would be detrimental to the minor, as provided in Section 3041 of the Family Code. It is the intent of the Legislature in enacting the amendments to this subdivision adopted during the 199596 Regular Session for a parent with a terminal condition to be able to make arrangements for the joint care, custody, and control of his or her their minor children so as to minimize the emotional stress of, and disruption for, the minor children whenever the parent is incapacitated or upon the parents death, and to avoid the need to provide a temporary guardian or place the minor children in foster care, pending appointment of a guardian, as might otherwise be required. | |
| 394 | 433 | ||
| 395 | 434 | Terminal condition, for purposes of this subdivision, means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death. | |
| 396 | 435 | ||
| 397 | - | (g | |
| 436 | + | (g) If a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, the court, in its discretion, may appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor. Upon the occurrence of an activating event set forth in an order appointing a joint guardian, the guardian shall be immediately empowered to assume guardianship duties in the parents absence. Commencement of the duties of the guardian shall confer upon the appointed guardian shared authority with the parent, custodian, or guardian of the minor child or minor ward, unless the petition states otherwise. A parent, custodian, or guardian may revoke a joint guardianship by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon a showing that the activating event no longer affects the parents availability to provide care for their child. | |
| 398 | 437 | ||
| 399 | - | (2) A parent, custodian, or guardian may revoke a joint guardianship issued pursuant to this subdivision by filing a request to terminate the guardianship with the court pursuant to Section 1601 and upon 1601. Upon a showing that the activating event no longer affects the parents availability to provide care for their child. child, there shall be a presumption that termination is in the childs best interest. | |
| 400 | - | ||
| 401 | - | (1) | |
| 402 | - | ||
| 403 | - | (3) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause. and shall be made available only to the persons who have been served in the proceeding and their attorneys, if applicable. The clerk of the court shall make provisions to limit access to these documents and any other personally identifiable information of the minor, custodial parent, the appointed guardian, or family members who are a party to or identified in the proceeding. | |
| 438 | + | (1) All court records, petitions, orders, and documents related to the appointment of a joint guardian pursuant to this subdivision shall be confidential, accessible only to the parties to the proceeding, their legal representatives, and the court, unless otherwise ordered for good cause. | |
| 404 | 439 | ||
| 405 | 440 | (2) The court shall ensure that information identifying the minor, the custodial parent, the appointed guardian, or any family members, including names, addresses, immigration status, or any other personally identifiable information, is not made available in any public court records or databases. | |
| 406 | 441 | ||
| 407 | - | (3) | |
| 408 | - | ||
| 409 | - | (4) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement. | |
| 442 | + | (3) Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order based on a showing of compelling necessity unrelated to immigration enforcement. | |
| 410 | 443 | ||
| 411 | 444 | (4) Hearings related to the appointment, activation, or termination of a joint guardianship under this subdivision shall be closed to the public unless the court finds that an open hearing is necessary and would not jeopardize the safety or privacy of the parties involved. | |
| 412 | 445 | ||
| 413 | - | SEC. 9 | |
| 446 | + | SEC. 9. The Legislature finds and declares that Section 8 of this act, which amends Section 2105 of the Probate Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy interests of immigrants, it is essential to maintain the confidentiality of the records, information, and hearings described in Section 8 of this act. | |
| 414 | 447 | ||
| 415 | - | SEC. 9 | |
| 448 | + | SEC. 9. The Legislature finds and declares that Section 8 of this act, which amends Section 2105 of the Probate Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy interests of immigrants, it is essential to maintain the confidentiality of the records, information, and hearings described in Section 8 of this act. | |
| 416 | 449 | ||
| 417 | - | SEC. 9 | |
| 450 | + | SEC. 9. The Legislature finds and declares that Section 8 of this act, which amends Section 2105 of the Probate Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: | |
| 418 | 451 | ||
| 419 | - | ### SEC. 9. | |
| 452 | + | ### SEC. 9. | |
| 420 | 453 | ||
| 421 | - | In order to protect the privacy interests of immigrants, it is essential to maintain the confidentiality of the records, information, and hearings | |
| 454 | + | In order to protect the privacy interests of immigrants, it is essential to maintain the confidentiality of the records, information, and hearings described in Section 8 of this act. | |
| 422 | 455 | ||
| 423 | - | SEC. 10 | |
| 456 | + | SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 424 | 457 | ||
| 425 | - | SEC. 10 | |
| 458 | + | SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 426 | 459 | ||
| 427 | - | SEC. 10 | |
| 460 | + | SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 428 | 461 | ||
| 429 | - | ### SEC. 10. | |
| 462 | + | ### SEC. 10. | |
| 430 | 463 | ||
| 431 | 464 | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 465 | + | ||
| 466 | + | ||
| 467 | + | ||
| 468 | + | (a)The Legislature finds and declares the following: | |
| 469 | + | ||
| 470 | + | ||
| 471 | + | ||
| 472 | + | (1)Children of noncitizens of the United States should not be left abandoned. | |
| 473 | + | ||
| 474 | + | ||
| 475 | + | ||
| 476 | + | (2)Section 16000 of the Welfare and Institutions Code expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Additionally, for foster care placements, Section 7950 of the Family Code requires that, if possible, the placement of dependent children be in the home of a relative, unless the placement would not be in the best interest of the child. | |
| 477 | + | ||
| 478 | + | ||
| 479 | + | ||
| 480 | + | (b)Therefore, it is the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. |