CA Bill Sparks Controversy Over Parental Rights, Child Safety

A new bill is stirring up controversy between Democrats and Republicans this week as critics say the proposal could endanger children and limit parental rights.

AB 495, known as the Family Preparedness Plan Act, was created in response to an ongoing drive to oust undocumented immigrants from California. Lawmakers say the law would ensure children are cared for if their parents are detained or deported suddenly.

“The cruel and unlawful federal immigration enforcement actions are spreading fear through many communities like mine," the bill's author, Assemblymember Celeste Rodriguez, said. "Californians are scared to go to work, send their kids to school or make their medical appointments.

Opponents of the bill argue that the law would allow unvetted caregivers to step in quickly with limited oversight.

"Without parental notification, consent, background check, any guardrails, this adult… can basically take control over anyone’s child," Elizabeth Barcohana, an attorney, told Fox News.

At 1 p.m. on Tuesday, parents and activists gathered at the Capitol in Sacramento, urging Gov. Gavin Newsom to veto AB 495.

"Legal experts have concluded that this very well might be the worst, most dangerous legislation that has ever come out of California," Pastor Jack Hibbs of Calvary Chapel Chino Hills told Fox News. "If this bill passes, you have to grab your kid and leave the state for your child's protection.

In a statement, Rodriguez condemned sentiments like Barcohana's and Hibbs'.

"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,” she wrote in a statement.

According to the bill text, the law would not supersede the rights of the minor's parents or legal guardians. It also would not mean that the caregiver has legal custody of the child.

But it would authorize caregivers to handle school enrollment, authorize medical, mental and dental care.

Caregiver eligibility would be limited to "nonrelative extended family members." This could include teachers, clergy, neighbors or family friends.

Once the minor stops living with the caregiver, the affidavit is no longer valid, according to the bill.

"I am working on AB 495 with trusted legal attorneys and children's advocates to help families facing family separation make caregiving arrangements," Rodriguez said.

The news comes as families prepare to send their children back to school.

"At this time when too many families are at risk of separation, this legislation provides them with nuanced tools to make a plan that works best for them — and prevents unnecessary permanent separations," Sharon Cartagena, a directing attorney at Child Youth & Family Advocacy, Public Counsel, wrote in a statement.