Current Status:

Passed

(2025-10-12: Chaptered by Secretary of State - Chapter 664, Statutes of 2025.)

Introduced

In Committee

Awaiting First Chamber Vote

Passed First Chamber

In Committee

Awaiting Second Chamber Vote

Passed Second Chamber

Enacted

Version:

(1)Under existing law, a caregiver who is 18 years of age or older and signs a caregivers authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregivers authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregivers authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law.

This bill, the Family Preparedness Plan Act of 2025, would revise the definition of relative to expand the type of relative who is authorized to execute a caregivers authorization affidavit and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.

This bill would amend the statutory form for a caregivers authorization affidavit.

(2)Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate. Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified.

This bill would authorize a court, in its discretion, to appoint a custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, if the custodial parent will be temporarily unavailable due to specified circumstances, including, among other things, an immigration-related administrative action, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings confidential, as specified.

The bill would provide that absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination.

This bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney Generals guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(4)Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, including daycare centers and daycare homes, by the State Department of Social Services. The act exempts certain types of facilities from licensure under its provisions, including California state preschool programs that meet certain requirements, including, among other things, that the programs are operated by local educational agencies in a school building.

Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child daycare facilities, as defined, employees of licensed child daycare facilities, and license-exempt California state preschool program facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the licensee or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency. The bill would authorize license-exempt California state preschool program facilities to make that report to the State Department of Education and the Attorney General. The bill would require the State Department of Social Services to provide any information on California state preschool programs collected pursuant to those provisions to the Superintendent of Public Instruction. The bill would require a licensed child daycare facility and a license-exempt California state preschool program facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of the facility is aware that a childs parent or authorized representative is not available to care for the child. The bill would require licensees or administrators of those facilities to request that parents or authorized representatives update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child daycare facilities and license-exempt California state preschool program facilities similar to the model policies developed for local educational agencies described above. The bill would require the State Department of Social Services to inform licensed daycare facilities, and the State Department of Education to inform license-exempt California state preschool program facilities, of the model policies. The bill would require all California state preschool programs to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require California state preschool programs to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. The bill would require a licensed child daycare facility and license-exempt California state preschool program facilities to provide the parent or authorized representative with information about how to access those model policies. The bill would require the State Department of Social Services to inform licensed child day care facilities, and the State Department of Education to inform license-exempt California state preschool program facilities, of any revisions or updates to the model policies and require any information, policies, or guidance provided by facilities to parents or authorized representatives to be updated to include any revisions or updates to the model policies issued by the Attorney General. The bill would authorize the State Department of Social Services to administer these provisions by interim licensing standards until regulations are adopted.

(5)This bill would provide that its provisions are severable.

(6)Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would incorporate additional changes to Section 234.7 of the Education Code proposed by AB 49, AB 419, or both, to be operative only if this bill and AB 49, AB 419, or both, are enacted and this bill is enacted last.

This bill would amend the statutory form for a caregivers authorization affidavit.

The bill would provide that absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination.

(4)Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, including daycare centers and daycare homes, by the State Department of Social Services. The act exempts certain types of facilities from licensure under its provisions, including California state preschool programs that meet certain requirements, including, among other things, that the programs are operated by local educational agencies in a school building.

(5)This bill would provide that its provisions are severable.

This bill would make legislative findings to that effect.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill, the Family Preparedness Plan Act of 2025, would revise the definition of relative to expand the type of person relative who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.

This bill would amend the statutory form for a caregivers authorization affidavit.

The bill would provide that absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination.

(4)Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care daycare facilities, including day care daycare centers and day care daycare homes, by the State Department of Social Services. The act exempts certain types of facilities from licensure under its provisions, including California state preschool programs that meet certain requirements, including, among other things, that the programs are operated by local educational agencies in a school building.

Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care daycare facilities, as defined, and employees of licensed child day care facilities daycare facilities, and license-exempt California state preschool program facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law. law or as required to administer a state or federally supported educational program. The bill would require the licensee or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency. The bill would authorize license-exempt California state preschool program facilities to make that report to the State Department of Education and the Attorney General. The bill would require the State Department of Social Services to provide any information on California state preschool programs collected pursuant to those provisions to the Superintendent of Public Instruction. The bill would require a licensed child day care daycare facility and a license-exempt California state preschool program facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care the facility is aware that a childs parent or authorized representative is not available to care for the child. The bill would require licensees or administrators of licensed those facilities to request that parents or authorized representatives update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care daycare facilities and license-exempt California state preschool program facilities similar to the model policies developed for local educational agencies described above. The bill would require the State Department of Social Services to inform licensed daycare facilities, and the State Department of Education to inform license-exempt California state preschool program facilities, of the model policies. The bill would require all licensed child day care facilities California state preschool programs to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities California state preschool programs to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. The bill would require a licensed child day care daycare facility and license-exempt California state preschool program facilities to provide the parent or authorized representative with information about how to access those model policies. The bill would require the department State Department of Social Services to inform licensed child day care facilities facilities, and the State Department of Education to inform license-exempt California state preschool program facilities, of any revisions or updates to the model policies and require any information, policies, or guidance provided by licenses facilities to parents or authorized representatives to be updated to include any revisions or updates to the model policies issued by the Attorney General. The bill would authorize the department State Department of Social Services to administer these provisions by interim licensing standards until regulations are adopted.

(5)This bill would provide that its provisions are severable.

This bill would make legislative findings to that effect.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill, the Family Preparedness Plan Act of 2025, would expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.

This bill would amend the statutory form for a caregivers authorization affidavit.

The bill would provide that absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination.

Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. law. The bill would require the owner, operator, licensee or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. agency. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian authorized representative is not available to care for the child. The bill would encourage require licensees or administrators of licensed facilities to work with parents or guardians to request that parents or authorized representatives update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the The bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. authorized representative with information about how to access those model policies. The bill would require the provided information department to inform licensed child day care facilities of any revisions or updates to the model policies and require any information, policies, or guidance provided by licenses to parents or authorized representatives to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program. The bill would authorize the department to administer these provisions by interim licensing standards until regulations are adopted.

(5)This bill would provide that its provisions are severable.

(5)

This bill would make legislative findings to that effect.

(6)

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill would amend the statutory form for a caregivers authorization affidavit.

The bill would provide that absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination.

Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child. The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program.

(4)

(5)Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(5)

(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill, the Family Preparedness Plan Act of 2025, would instead provide that a caregivers authorization affidavit is valid until the parent, legal guardian, person having legal custody, or caregiver rescinds the affidavit. The bill would require that, in any case, the caregivers authorization affidavit would not be valid for more than one year after the date on which it was executed.The bill

This bill, the Family Preparedness Plan Act of 2025, would also expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.

This bill would amend the statutory form for a caregivers authorization affidavit.

This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, authorize a court, in its discretion, to appoint the a custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, as specified. minor, if the custodial parent will be temporarily unavailable due to specified circumstances, including, among other things, an immigration-related administrative action, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings to be confidential, as specified, and would prohibit this information from being disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order, as specified. The bill would also make these proceedings closed to the public, except as specified.

The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. The bill would require a court to give due weight to the nomination of a guardian when signed by one or both parents if there is good cause to waive notice because the person cannot with reasonable diligence be notified or giving the notice would be contrary to the interest of justice.

(3)Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires that if an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care and encourages schools work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their childrens childs right to a free public education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified. Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018.

This bill would delete the provisions encouraging schools not to contact Child Protective Services described above. The bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney Generals guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(4)Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, including day care centers and day care homes, by the State Department of Social Services. Under existing law, willful violation of these provisions is punishable as a misdemeanor.Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child. The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program.(5)

(4)Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(6)

(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

The bill would also expand the type of person who is authorized to execute a caregivers authorization affidavit to include a nonrelative extended family member, as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregivers authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.

This bill would amend the statutory form for a caregivers authorization affidavit.

This bill would specifically authorize a court, if a custodial parent is subject to an immigration administrative action where the parent may be temporarily unavailable to care for their child, in its discretion, to appoint the custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings to be confidential, as specified, and would prohibit this information from being disclosed to federal immigration authorities or any entity engaged in immigration enforcement without a court order, as specified. The bill would also make these proceedings closed to the public, except as specified.

The bill would provide that the circumstances of a person making the nomination of a guardian being subject to an order of deportation, physical absence from the United States due to deportation, or prolonged detention by immigration authorities is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. The bill would require a court to give due weight to the nomination of a guardian when signed by one or both parents if there is good cause to waive notice because the person cannot with reasonable diligence be notified or giving the notice would be contrary to the interest of justice.

(3)Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires that if an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care and encourages schools work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their childrens right to a free public education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified. Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018.

Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the childs care found in the childs emergency contact information if an employee of a licensed child day care facility is aware that a childs parent or guardian is not available to care for the child. The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state-mandated local program.

This bill would make legislative findings to that effect.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

Existing law expresses the intent of the Legislature to preserve and strengthen a childs family ties whenever possible and to remove a child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public. Existing law establishes procedures to determine the placement of a dependent child when they are removed from the custody of the dependent childs parent or guardian and requires foster care placements, if possible, be made in the home of a relative unless the placement would not be in the best interest of the child.This bill would express the intent of the Legislature to enact legislation to encourage facilities and agencies that serve children and families to implement family safety plans in the event that a noncitizen parent or guardian of a dependent child is detained or deported. The bill would also express findings and declarations of the Legislature.

Version:

The people of the State of California do enact as follows:SECTION 1.

This act shall be known, and may be cited, as the Family Preparedness Plan Act of 2025.

SEC. 2.

The Legislature finds and declares all of the following:

(a)Several federal immigration policies in recent years have contributed to increases in the number of unaccompanied children. Separation of a child from their parent or primary caregiver has known developmental, psychological, and physical impacts. Younger children are especially vulnerable. During these early years, children are developing emotionally and physically, and forming attachments that help with emotional regulation, sense of identity, and psychological safety. Separating parents and caregivers who are key attachment figures during this vulnerable period can have lifelong impacts on childrens emotional and physical wellbeing.

(b)Stable caregiving arrangements are essential for the health, safety, and emotional well-being of children, particularly in times of crisis. Immigration enforcement activities that separate parents and caregivers from their families or their workplace are highly disruptive for children and youth in their care.

(c)Despite existing tools, such as caregiver authorization affidavits and guardianship nominations, families and caregivers face significant uncertainty due to the lack of clarity, consistency, and enforceability of these mechanisms, resulting in schools and service providers refusing to accept them. Temporary and general guardianship options, while available, fail to adequately safeguard the rights of parentsparticularly immigrant parentsto remain involved in their childs upbringing during periods of immigration detention or deportation. These gaps in the legal framework exacerbate the emotional trauma experienced by children, disrupt access to education and health care, and hinder the ability of families to respond effectively to crises. It is the intent of the Legislature to strengthen parental rights and family options.

(d)To address these challenges, the Legislature seeks to ensure that children facing the risk of family separation due to a parents immigration status have stable and legally recognized caregiving arrangements that protect their emotional and physical well-being. The intent of the Legislature is to provide clear and streamlined processes for short-term guardianships that address urgent needs, such as medical care and educational decisionmaking, while upholding the rights of parents. It is also the intent of the Legislature to refine the scope of guardianship nominations by delineating the rights and responsibilities of nominated guardians. Finally, it is the intent of the Legislature to clarify the powers granted under caregiver authorization affidavits to ensure consistent recognition by schools, health care providers, and other agencies to demonstrate continued support for children who reside with a relative caregiver.

(e)By establishing a more coherent legal structure, it is the intent of the Legislature to reduce uncertainty and administrative barriers, enabling families to act swiftly and effectively in times of crisis. Supporting the stability of caregiving arrangements will mitigate the negative impacts on childrens mental health, educational outcomes, and overall well-being. These efforts reflect Californias commitment to protecting vulnerable families and upholding the fundamental rights of children and parents.

SEC. 3.Section 234.7 of the Education Code is amended to read:234.7.

(a)Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not collect information or documents regarding citizenship or immigration status of pupils or their family members.

(b)The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.

(c)If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.

(d)The governing board or body of a local educational agency shall do all of the following:

(1)Provide information to parents and guardians, as appropriate, regarding their childs right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregivers authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.

(2)Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.

(e)This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.

(f)(1)The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:

(A)Procedures related to requests for access to school grounds for purposes related to immigration enforcement.

(B)Procedures for local educational agency employees to notify the superintendent of the school district or the superintendents designee, the superintendent of the county office of education or the superintendents designee, or the principal of the charter school or the principals designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.

(C)Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.

(2)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.

(g)All local educational agencies shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, by July 1, 2018, and revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregivers authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.

(h)For purposes of this section, local educational agency means a school district, county office of education, or charter school.

SEC. 3.1.Section 234.7 of the Education Code is amended to read:234.7.

(1)Collect information or documents regarding citizenship or immigration status of pupils or their family members.

(2)Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite for any purpose without being presented with a valid judicial warrant or judicial subpoena, or a court order. Any school official or employee of a local educational agency shall, to the extent practicable, request a valid identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a schoolsite. This subdivision shall not be construed to limit a local educational agencys or school officials right to consult with counsel or challenge the validity of a warrant, subpoena, or court order in a court of competent jurisdiction.

(b)A local educational agency and its personnel, to the extent practicable, shall not disclose or provide in writing, verbally, or in any other manner, the education records of or any information about a pupil or a pupils family and household without the pupils parents or guardians written consent, a school employee, or a teacher, including, but not limited to, personal information as defined in subdivision (a) of Section 1798.3 of the Civil Code, information about a pupils home, and information about a pupils travel schedule, to an officer or employee of an agency conducting immigration enforcement absent a valid judicial warrant or judicial subpoena, or court order directing the local educational agency or its personnel to do so. Any disclosure of a pupils education records pursuant to a valid judicial warrant or judicial subpoena, or court order shall be in accordance with the parent notification requirements set forth in Section 99.31(a)(9)(ii) of Title 34 of the Code of Federal Regulations.

(c)The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.

(d)If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact Child Protective Services to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.

(e)The governing board or body of a local educational agency shall do all of the following:

(2)Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.

(f)This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.

(g)(1)The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:

(A)Procedures related to requests for access to school grounds for purposes related to immigration enforcement.

(C)Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.

(2)The Attorney General shall, no later than December 1, 2025, update the model policies described in paragraph (1) to ensure that these policies align with the prohibition applicable to school officials and employees of local educational agencies as described in paragraph (2) of subdivision (a), and the requirements for local educational agencies, as described in this section.

(3)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.

(h)All local educational agencies shall do all of the following:

(1)Adopt the model policies developed pursuant to paragraph (1) of subdivision (g), or equivalent policies, by July 1, 2018.

(2)Revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregivers authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.

(3)Update their model policies to align with this section, including paragraph (2) of subdivision (g), by March 1, 2026.

(i)This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.

(j)A local educational agency shall maintain its policy adopted pursuant to subdivision (h) and make the policy available to the department upon request.

(k)Local educational agencies may be subject to monitoring and auditing by the department to ensure compliance with the requirements of subdivisions (h) and (j).

(l)For purposes of this section, the following definitions apply:

(1)Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.

(2)Local educational agency means a school district, county office of education, or charter school.

(3) Schoolsite means an individual school campus of a school district, county office of education, or charter school, an area where a local educational agencys school-sponsored activity is currently being held, or a schoolbus or other transportation provided by a local educational agency.

SEC. 3.2.Section 234.7 of the Education Code is amended to read:234.7.

(c)If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact a child protective services agency to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.

(d)The governing board or body of a local educational agency shall do all of the following:

(1)(A)Provide information to parents and guardians, as appropriate, regarding their childs right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to both of the following:

(i)The Immigration-Enforcement Actions at California Schools Guide for Students and Families, also known as Know Your Educational Rights, developed by the Attorney General.

(ii)Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist Californias K12 Schools in Responding to Immigration Issues issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregivers authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.

(B)The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.

(C)The guide specified in clause (i) subparagraph (A) shall be posted in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites. The guide shall be posted in every language that the Attorney General provides and shall be updated the school year following any updates published by the Attorney General.

(2)Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.

(e)This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.

(A)Procedures related to requests for access to school grounds for purposes related to immigration enforcement.

(C)Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.

(h)For purposes of this section, local educational agency means a school district, county office of education, or charter school.

SEC. 3.3.Section 234.7 of the Education Code is amended to read:234.7.

(1)Collect information or documents regarding citizenship or immigration status of pupils or their family members.

(d)If an employee of a school is aware that a pupils parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupils care in the emergency contact information it has for the pupil to arrange for the pupils care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact a child protective services agency to arrange for the pupils care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.