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California’s Family Preparedness Law Takes Effect Jan. 1 to Safeguard Children During Parental Detention

The statute prioritizes uninterrupted schooling, medical care, daily caregiving during a parent’s detention or deportation.

Overview

  • AB 495, signed by Governor Gavin Newsom on Oct. 12, 2025, becomes effective statewide on Jan. 1, 2026.
  • The law strengthens the caregiver affidavit so an adult 18 or older who lives with a child can handle key tasks such as school enrollment and school-related medical consent.
  • California expands who counts as a relative up to the fifth degree, explicitly including great‑great‑grandparents, stepparents, stepsiblings, and spouses even after divorce or death.
  • Courts gain a joint‑guardianship option that allows a parent and a trusted adult to share legal responsibility for a child during immigration proceedings.
  • All petitions, orders, and records tied to these guardianships will be confidential and accessible only to the parties and their attorneys.