Governor Newsom signs a law allowing immigrant parents to appoint temporary guardians without losing rights.
SAN DIEGO — California Governor Gavin Newsom has signed Assembly Bill 495, the Family Preparedness Plan Act, into law. The legislation aims to protect children of immigrant families from separation due to deportation or other reasons by allowing parents to arrange trusted caregivers without relinquishing their parental rights.
The new law, set to take effect on Jan. 1, 2026, provides key protections for children at risk of family separation. According to a press release from Assemblywoman Celeste Rodriguez, it requires K-12 schools to follow updated policies safeguarding students and staff from immigration enforcement.
“The intention is to, one, limit what information childcare services, schools, daycares can actually get from parents regarding immigration information and make it easier for parents to have safeguards in place for their kids if they anticipate something is going to happen or should something happen,” said Saman Nasseri, an immigration attorney.
The law allows parents to establish temporary joint guardianship through the probate court. This arrangement allows children to stay with someone the family trusts while parents retain their legal rights.
“One of the big things about this that is helpful is that it can be a distant relative, it can be a cousin, a mom’s cousin, [a] dad’s cousin, a great aunt, uncle, so it opens those doors to allow those people to essentially become the caretakers for the child but not necessarily the parents. The parents can always revoke this at any time,” Nasseri said.
The law’s provisions could also apply to other situations, such as incarceration or military deployment.
Assemblywoman Celeste Rodriguez, who authored the bill, emphasized its focus on protecting preschools and childcare facilities. The legislation requires the Attorney General to develop model guidelines limiting assistance with immigration enforcement at these facilities, in consultation with experts.
“It’s so critical that for our youngest children, when parents are dropping them off, they know and can feel safe that both their data is protected and also the facility is prepared to respond if ICE presents themselves at their facility said Rodriguez.
For more information on the Family Preparedness Plan Act, visit asmdc.org