California’s AB 495: A “Family Preparedness” Plan or a Backdoor Attack on Parental Rights?

By Michael Phillips | CaBayNews

California lawmakers are once again testing how far they can push the envelope on parental authority. Assembly Bill 495 (AB 495), deceptively titled the Family Preparedness Plan Act of 2025, is being hailed by its supporters as a compassionate fix for families in crisis. But a closer look reveals what critics call a dangerous, vaguely written piece of legislation that opens the door to child exploitation, undermines the Constitution, and hands strangers authority over children without proper oversight.


The Pitch vs. The Reality

On paper, AB 495 is supposed to protect children whose parents are suddenly unavailable—whether from immigration enforcement, incarceration, medical emergencies, or military deployment. Proponents, led by Assemblywoman Celeste Rodriguez (D–San Fernando), argue the bill ensures continuity of care by empowering “nonrelative extended family members” to make education and healthcare decisions.

In reality, the bill’s language is so broad that almost anyone—a teacher, a neighbor, even a casual mentor—could qualify as a “caregiver.” With a simple affidavit, no court review, no notarization, and often without parental knowledge, these adults would be able to enroll children in school, authorize medical procedures, and even approve controversial treatments like gender transition services.


Why Conservatives Are Sounding the Alarm

Critics of AB 495, including parental rights advocates, faith leaders, and constitutional attorneys, see it as a nightmare scenario:

  • A Predator’s Dream: By allowing anyone who claims a “mentoring relationship” to wield custody-like powers, the bill essentially creates a legal loophole for predators. No background checks. No oversight. No verification. Just a form and a signature.
  • Undermining Parental Rights: The Supreme Court has long recognized that parents have a fundamental right to direct their children’s upbringing. AB 495 erodes that right, shifting authority to outsiders and bureaucracy under the guise of “temporary” arrangements.
  • Custody Battles Supercharged: In divorce or separation cases, one parent could sidestep the other entirely by designating a third-party caregiver, escalating already toxic custody disputes.
  • Unconstitutional and Unsafe: Groups like Alliance Defending Freedom argue the bill ignores due process and puts children at risk, essentially bypassing safeguards that exist in probate court guardianship proceedings.

Pastor Jack Hibbs of Calvary Chapel Chino Hills didn’t mince words at a Sacramento rally: “This is a trafficker’s dream bill. If California passes this, you may need to leave the state to protect your children.”


The Supporters’ Defense

Progressive lawmakers and advocacy groups counter that critics are spreading “misinformation.” They argue that mandatory reporters (teachers, doctors) would still catch abuse and that the bill does not formally transfer custody. They frame it as a humanitarian shield for immigrant families separated by federal enforcement.

But critics note that the bill is not limited to immigration scenarios. It applies to any child, in any situation, with no safeguards written in to protect against abuse of the system. Even the California School Boards Association has admitted that schools could release children to anyone holding a valid affidavit, whether parents consent or not.


California’s Pattern of Overreach

AB 495 isn’t just about paperwork. It’s part of a larger pattern in California politics: eroding parental rights in the name of progressive causes. From laws shielding minors’ access to gender treatments to sanctuary policies that prioritize illegal immigrants over citizens, Sacramento lawmakers have consistently placed ideology over family safety.

This bill embodies that trajectory. While marketed as compassion, it amounts to state-sanctioned intrusion into the most sacred relationship: parent and child.


What’s Next

As of late August 2025, AB 495 sits in the Senate Appropriations Committee. If advanced, it could hit Governor Gavin Newsom’s desk before year’s end and become law in 2026.

Californians concerned about parental rights should contact their state senators—especially those on Appropriations—before it’s too late.


Final Word

No one disputes that families in crisis need solutions. Military parents, immigrants, and those facing medical emergencies deserve support. But California already has mechanisms—temporary guardianship proceedings, court-supervised protections, and emergency care laws—that balance child safety with parental rights.

AB 495 doesn’t strengthen those protections. It circumvents them. And in doing so, it risks turning California into the first state where a single piece of paper could hand your child over to a stranger.

That’s not compassion. That’s reckless.

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