HSLDA Urges California Senate to Reject AB 495: Parental Rights at Risk

PURCELLVILLE, Va., Aug. 15, 2025 /PRNewswire/ -- The Home School Legal Defense Association (HSLDA) is urging California families to call their state senators to oppose Assembly Bill 495, optimistically called the "Family Preparedness Plan Act of 2025." The bill, already passed by the Assembly, is scheduled for a hearing in the Senate Appropriations Committee on Monday, August 18 at 10:00 a.m.

Promoted as a measure to help children when parents are detained or deported. The bill intends to make it easier for parental figures to step in should a child be left without a guardian. However, AB 495 is far broader in scope—and far riskier—than advertised. As written, the bill would:

• Expand who can claim parental authority to distant relatives (up to the fifth degree) and even non-relatives with a "mentoring" or "familial" relationship.
• Leave critical language undefined, allowing even brief delays in communication to strip parents of decision-making authority in education and medical care.
• Require no proof that a parent entrusted the child to the caregiver.
• Widen the reach of an already constitutionally shaky 1994 "caregiver affidavit" law without fixing its flaws.

"This bill throws open the door to overreach by hostile relatives and even unrelated adults," said Jim Mason, HSLDA President. "With vague language and broad definitions, it invites confusion, conflict, and misuse—undermining the fundamental right of parents to direct their children's upbringing."

Background:

Since 1994, California's caregiver affidavit law (Family Code § 6550) has allowed certain adults who live with a child to enroll them in school and consent to medical or dental care—without guardianship or clear parental consent. Under current law, affidavits can be used if parents are "unable to be contacted," but that term is undefined leaving it open for interpretation and abuse. AB 495 would enlarge the pool of people eligible to use such affidavits—extending parental powers to distant kin and "non-relative extended family members"—without adding safeguards.

HSLDA's Position

A narrowly tailored law could meet genuine needs without jeopardizing parental rights, but AB 495 does the opposite. HSLDA urges lawmakers to reject the bill in its current form and instead:

• Limit who can qualify as a caregiver.
• Require clear evidence that a parent entrusted the child to that caregiver.
• Precisely define "unable to contact" to prevent abuse.

Call to Action:

California residents can find their state senator at https://findyourrep.legislature.ca.gov and should call them to vote NO on AB 495.

SOURCE HSLDA