If you’re a California parent, guardian, or caregiver concerned about protecting your family’s rights in schools and daycare facilities—especially amid increased immigration enforcement—you need to understand Assembly Bill 495. This new law, effective January 1, 2026, significantly expands protections for students and families while clarifying who can make important decisions for minors when parents are unavailable.
Who This Affects: California Families Managing Educational and Care Decisions
AB 495 directly impacts:
Source: Atkinson, Andelson, Loya, Ruud & Romo Legal Alert
What Problem Does AB 495 Solve?
Many California families face anxiety about:
AB 495 addresses these concerns by strengthening privacy protections, expanding caregiver options, and requiring transparent reporting of immigration enforcement activities.
Key Protections for Schools and Families (Effective January 1, 2026)
1. Schools Cannot Collect Immigration Status Information
Local educational agencies are prohibited from collecting documents or information about the citizenship or immigration status of students or their families.This protection ensures that all California children can access their right to free public education regardless of immigration status.
2. Required Reporting of Immigration Enforcement Activity
Schools must report any requests for information or site access by law enforcement agencies for immigration enforcement purposes to their governing board in a timely manner.This transparency requirement helps families stay informed about enforcement activities affecting their children’s schools.
3. Emergency Contact Procedures Strengthened
Before contacting Child Protective Services, schools must fully exhaust all emergency contacts and follow parental instructions if a parent or guardian becomes unavailable.Schools are now required to encourage parents to regularly update emergency contact information.
4. Expanded Information for Parents
Schools must provide parents with information about:
Expanded Caregiver Rights: Who Can Make Decisions for Your Child?
One of the most significant changes affects who can legally act as a caregiver for minors when parents are unavailable.
New Definition of “Relative” for Caregiver Affidavits
As of January 1, 2026, the definition of “relative” authorized to execute a caregiver affidavit has been expanded to include:
Any of these relatives who reside with the minor can execute a caregiver affidavit to make school-related decisions on behalf of the child.
What Can Caregivers Do with a Valid Affidavit?
A caregiver who lives with a minor and executes a proper affidavit can:
The affidavit can now include a government-issued consular card number as identification.
Joint Guardianship Option for Temporarily Unavailable Parents
When a custodial parent is temporarily unavailable due to specified circumstances—including immigration-related administrative actions—a court can appoint the custodial parent as joint guardian along with an individual nominated by that parent.This ensures continuity of care while preserving parental rights.
New Requirements for Daycare Facilities and Preschools
AB 495 extends similar protections to daycare centers and California state preschool programs.
Privacy Protections
Licensed daycare centers and exempt California state preschools cannot collect information or documents about the citizenship and immigration status of students and their families.
Emergency Contact Procedures
California state preschools must encourage parents to update emergency contact information and must exhaust all emergency contacts and parental instructions before other arrangements are made.
Model Policies and Compliance Deadlines
The Attorney General must publish model policies limiting assistance with immigration enforcement at daycare facilities by April 1, 2026.All California state preschools must adopt these policies as soon as possible, but no later than July 1, 2026.
Reporting Requirements
Licensed daycare programs must report any requests for information or facility access by law enforcement for immigration enforcement purposes to the State Department of Social Services and the Attorney General.License-exempt California state preschools may submit such reports but are not required to do so.
How California Probate and Trust Can Help Protect Your Family
While AB 495 provides important protections for students and families in educational settings, comprehensive family protection requires proper estate planning and legal documentation. If you’re concerned about who will care for your children if you become temporarily unavailable—or want to ensure your family’s wishes are legally protected—California Probate and Trust, PC can help.
Our experienced Sacramento-based attorneys specialize in:
We understand that California families face unique challenges navigating complex legal requirements. Our compassionate team provides transparent guidance tailored to your specific situation, whether you’re planning ahead or managing an immediate concern.
Schedule Your Free Consultation Today
Don’t wait until a crisis occurs to protect your family’s rights and ensure your children’s care is properly documented. Contact California Probate and Trust, PC for a no-obligation consultation to discuss how we can help you create a comprehensive family protection plan.
Visit cpt.law or call our office to schedule your free consultation.
Important Deadlines to Remember
Related California Legislation
AB 495 works in conjunction with other recent California laws protecting families:
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. The information presented should not be relied upon as a substitute for professional legal counsel. Laws and regulations may change, and individual circumstances vary significantly. For specific guidance regarding your situation, please consult with a qualified California attorney. Receipt or review of this information does not create an attorney-client relationship with California Probate and Trust, PC. We are not responsible for any actions taken or not taken based on the content of this article.
Source material: This article is based on information from Atkinson, Andelson, Loya, Ruud & Romo’s legal alert regarding AB 495.
