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In August 2025, some people on social media claimed Assembly Bill 495 (AB 495), a proposed California law known as the Family Preparedness Act, could facilitate child exploitation. For example, a pastor, Jack Hibbs, wrote in a Facebook post, “This bill would allow any non-related adult, a neighbor, teacher, ex-relative, or even a complete stranger, to take custody of your child without your knowledge or consent. No background check. No court order. No parent’s signature. Just a piece of paper.”
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AB 495, which was introduced in February 2025, is aimed at helping California families make caregiving arrangements during situations like a deportation, incarceration or illness, among others.
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The bill references an official form known as a caregiver’s authorization affidavit and would expand who could sign one to include trusted non-relatives. If the bill is passed, these people would have the same authority as relatives who complete the affidavit.
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Our review found several popular claims about AB 495, including that it allows someone who isn’t related to a child to “take custody” of them, were false or lacking important context.
Assembly Bill 495 (AB 495), a proposed California law known as the Family Preparedness Act, drew controversy online in August 2025, with some critics claiming it could facilitate child exploitation.
In a Facebook post (archived) shared on Aug. 3, 2025, conservative commentator David Harris Jr. wrote, in part, “Pastor Jack Hibbs says California Bill AB 495 is the most dangerous bill we’ve seen from Democrats. He calls it the legal ‘trafficking bill.'”
Harris’ post also claimed that individuals could obtain and fill out a new form allowing them to name a child and take them out of school without contacting a parent. Furthermore, he alleged that the bill lacks safeguards such as background checks and ID requirements, and does not require schools to verify with parents before releasing a child to someone.
Hibbs also posted a video (archived) on Facebook warning about the alleged dangers of AB 495, claiming that that AB 495 “strips parents of their parental rights.”
In the video’s caption, Hibbs wrote, in part:
California’s AB 495 is the most dangerous bill we’ve ever seen — and it’s being pushed right now by lawmakers in Sacramento.
This bill would allow any non-related adult, a neighbor, teacher, ex-relative, or even a complete stranger, to take custody of your child without your knowledge or consent. No background check. No court order. No parent’s signature. Just a piece of paper.
Similar claims about AB 495 circulated on X in early August 2025. Multiple Snopes readers also searched our website for information about the bill. Below is a breakdown of what we know about the bill and an analysis of whether critics’ claims are accurate:
What is AB 495?
Democratic California Assemblywoman Celeste Rodriguez introduced AB 495, which is also known as the Family Preparedness Act, in February 2025. The bill is intended to help families facing separation make caregiving arrangements, Rodriguez said in a statement on Aug. 8, 2025.
While the bill is primarily aimed at addressing family separations due to immigration enforcement, it also applies more broadly to other situations where children are already living apart from their parents and need temporary care.
These include cases of deportation, incarceration, military service or illness, among others, Sharon Balmer Cartagena, the directing attorney of Public Counsel’s Child Youth and Family Advocacy Project, told Snopes via email. Public Counsel, a nonprofit California law firm, is a sponsor of the bill and assisted with its writing.
In her email to Snopes, Balmer Cartagena added:
In our day-to-day experience representing parents, we have seen cases where parents were forced to fully suspend their rights via a legal process called ‘guardianship’ in order to ensure that the person who was temporarily caring for their child had the ability to consent to school enrollment and routine medical care during a short term absence. In several cases, parents and children were never reunited, despite the fact that there were no allegations that they weren’t fit parents.
According to a an executive summary of AB 495 published by California’s Senate Judiciary Committee, the bill includes several key provisions:
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Requires schools and licensed childcare facilities to implement the state attorney general’s updated immigration-related policies for family preparedness
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Clarifies that a parent’s choice of guardian is given due weight
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Creates a short-term guardianship process that allows families facing separations to designate short-term guardians while honoring parental rights
What are other critics saying about the bill?
The California Family Council, a conservative advocacy group, is among the vocal critics of AB 495, claiming that the bill opens the door to child exploitation and erodes safeguards for parents.
In a post published on July 23, 2025, the group took issue with bill’s expansion of who qualifies as a “caregiver” to include “nonrelative extended family members,” saying the category is “broad and loosely defined.”
The group also claimed that a “nonrelative extended family member” could “assume control over a child through a one-page affidavit” without a court review, notarization or parental consent.
Erin Friday, an attorney and president of an advocacy group called Our Duty-USA, reportedly called AB 495 “a child trafficker’s and kidnapper’s dream bill,” according to the California Family Council.
Additionally, Friday argued that the bill’s language grants “temporary legal rights” to people with no blood relation to a child, the California Family Council said.
Critics also expressed concerns that the bill would allow someone who isn’t related to children to enroll them in school, and authorize medical, dental and mental health treatments for them.
What is a caregiver’s authorization affidavit?
A caregiver’s authorization affidavit, which is referenced in AB 495, is one example of a less formal option than guardianship that allows someone to take care of another person’s child, an official California Courts website explains.
In California, someone with whom a child is already living can sign the affidavit allowing the person to enroll the child in school and consent to school-related medical care, including vaccinations and physical exams, the California Courts website says.
Currently, relatives who sign the affidavit can make decisions on medical care “outside of the school context,” while nonrelatives can only consent to school-related medical care, according to the California Courts website.
What rights do ‘nonrelative extended family members’ have under the bill?
AB 495 would expand who can sign a caregiver’s authorization affidavit to include a “nonrelative extended family member,” according to the bill text.
The bill defines a “nonrelative extended family member” as “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.”
If the bill is passed, nonrelative extended family members would have the same authority as relatives who complete the affidavit. That means they could authorize not only school-related medical care, but also general medical care, dental care and mental health treatment.
In the Aug. 8 statement, Rodriguez said, “Under the bill, the Caregiver’s Authorization Affidavit will now recognize trusted adults and extended family members such as godparents, which parents select to care for their children in the event that they are unable to.”
Snopes asked Balmer Cartagena to respond to critics’ claims that the definition of “nonrelative extended family member” is too “broad and loosely defined.”
In response, Balmer Cartagena said “the term ‘nonrelative extended family member’ comes from existing California child welfare law and is a well-recognized designation for caregivers who are part of a child’s extended family.” She added that “the term has been used in this context for over a decade without confusion or the problems that the critics raise.”
She continued:
The current definition of relative is narrow and excludes many people who are often considered family – like second cousins. Families in crisis should be able to rely on their extended kin networks, which may include cousins, godparents, close family friends, mentors, teachers, or neighbors. Nonrelative extended family members maintain connections with the child’s community. Such arrangements are important because they provide a stable, familiar, and supportive environment for children who cannot remain in the care of their parent, while maintaining connections to their extended family and cultural background, which can improve well-being and educational outcomes. Being able to live with a trusted family friend or neighbor can ease a child’s trauma after being separated from their parents and can reduce the likelihood of the child entering the foster care system.
People who aren’t related to a child could ‘take custody’ of them?
Hibbs and other critics of AB 495 also suggested the bill would allow people who aren’t related to a child to “take custody” of them. But those claims are false.
The affidavit does not grant a caregiver legal custody of a child, as shown in the bill text and a copy of a caregiver’s authorization affidavit that’s viewable online. The affidavit itself says, “A Caregiver Authorization Affidavit DOES NOT give you legal custody.”
As the California Courts website explains, “only a court order, like a guardianship, can take legal custody from a parent and give it to another person.”
Rodriguez and Balmer Cartagena also rebutted critics’ claims that the bill would grant custody rights to anyone or that it would facilitate trafficking.
In her Aug. 8 statement, Rodriguez said, in part (emphasis hers):
Let me be clear, a caregiver’s authorization affidavit does not grant any level of legal custody, does not bypass child welfare protections, does not prevent authorities from investigating abuse or trafficking concerns, and does not supersede any parents’ rights. Any claim that the bill legalizes human trafficking and kidnapping is not only false, but harmful fearmongering that distracts from the actual goal of protecting vulnerable children in times of crisis.”
Balmer Cartagena shared a similar sentiment with Snopes, writing:
To be clear: AB 495 does not legalize child trafficking. Nor does it allow strangers to claim custody or guardianship over children simply by signing a piece of paper. These claims show a clear misunderstanding of both AB 495 and the legal framework around child custody in California.
No court review or notarization required?
Caregivers can already use a caregiver’s authorization affidavit without notarization or a court appearance. This provision isn’t a new one that would be implemented under AB 495, as some critics have suggested.
As of Aug. 13, 2025, the California Courts website stated, “The Caregiver’s Authorization Affidavit does not get filed with the court. And it does not have to be notarized.”
Balmer Cartagena also pointed out that this is “current law.”
“To require a court appearance would make it necessary to file a guardianship petition, which would suspend a parent’s rights, possibly permanently. Parents should not be forced to suspend their own rights in order to arrange for someone to temporarily care for their children,” Balmer Cartagena told Snopes.
She added that requiring notarization would mean that “the most vulnerable families who cannot afford a notary’s fees or navigate the process would be kept from enrolling a child they were caring for in school or from seeking medical care for that child.”
People could remove children from school without parent’s consent?
Balmer Cartagena refuted claims that AB 495 would allow a person to remove a child from school without a parent’s knowledge or consent.
“Generally, schools only release children from school to people listed as emergency contacts by the person who enrolled the child in school. A Caregiver’s Authorization Affidavit does not allow someone to bypass this process and remove a child from school,” she said.
Snopes found several California school district policies that stated schools would only release students to people designated as emergency contacts.
The caregiver’s authorization affidavit that’s viewable online also makes no mention of removing a child from school.
In sum …
While AB 495 is primarily aimed at addressing family separations due to immigration enforcement, it also applies more broadly to other situations where children need temporary care during a parent’s absence.
Our review also found that several popular claims about AB 495 were false or lacking important context. For instance, AB 495 would not allow a stranger to gain custody of a child simply by signing a piece of paper, as some have claimed.
Additionally, caregivers can use a caregiver’s authorization affidavit without notarization or a court appearance. But this isn’t a new provision that would be implemented under AB 495.
The bill has already passed the state Assembly and is set to be heard in the state Senate Appropriations Committee. With Democrats holding a majority in the state Senate, AB 495 appears likely to pass. As of now, California Gov. Gavin Newsom hasn’t publicly shared his position on the bill.
Sources:
“California AB495 | 2025-2026 | Regular Session.” LegiScan, legiscan.com/CA/text/AB495/id/3111922. Accessed 13 Aug. 2025.
“Children’s Advocates and Legal Experts Unite to Support Family Preparedness Plan Act | Official Website – Assemblymember Celeste Rodriguez, California Assembly District 43.” Asmdc.org, 8 Aug. 2025, a43.asmdc.org/press-releases/20250808-childrens-advocates-and-legal-experts-unite-support-family-preparedness. Accessed 13 Aug. 2025.
“Assemblywoman Celeste Rodriguez Introduces Critical Legislation to Protect Immigrant & Mixed-Status Families from Separation | Official Website – Assemblymember Celeste Rodriguez, California Assembly District 43.” Asmdc.org, 10 Feb. 2025, a43.asmdc.org/press-releases/20250210-assemblywoman-celeste-rodriguez-introduces-critical-legislation-protect. Accessed 13 Aug. 2025.
“Options Other than a Guardianship | California Courts | Self Help Guide.” Ca.gov, selfhelp.courts.ca.gov/guardianship/other-options. Accessed 13 Aug. 2025.
“California Code, Welfare and Institutions Code – WIC § 362.7 | FindLaw.” Findlaw, codes.findlaw.com/ca/welfare-and-institutions-code/wic-sect-362-7/. Accessed 13 Aug. 2025.
Caregiver’s Authorization Affidavit. selfhelp.courts.ca.gov/sites/default/files/2025-03/CAA-with-Instructions.pdf. Accessed 13 Aug. 2025.
