Assemblywoman Celeste Rodriguez Responds to Misinformation, Reaffirms AB 495 is About Protecting Families

San Francisco Chronicle reporting dispels misinformation as Rodriguez highlights AB 495’s mission to strengthen family preparedness tools

SACRAMENTO – Today, Assemblywoman Celeste Rodriguez (D-San Fernando) responded to recent San Francisco Chronicle coverage that highlighted how opponents of Assembly Bill 495 are spreading misinformation about her legislation.

“AB 495 is about one thing: keeping families together,” said Assemblywoman Rodriguez. “It strengthens the ability of parents to make decisions for their children, empowers them to prepare for the unthinkable, and ensures kids are cared for by people they know and love. I am proud to stand with immigrant families, child advocates, and parent groups across California who know the truth about this bill. The claims from opponents are simply false and dangerous. No family should ever be torn apart because of immigration enforcement or misinformation.”

Rodriguez authored AB 495 after hearing from immigrant families and reflecting on her own family’s story of separation. The legislation builds on a tool that has been part of California law for more than 30 years, allowing parents to temporarily designate a trusted caregiver. AB 495 modernizes that tool to reflect the reality that today’s families face and to ensure children are cared for by people they know and love. 

AB 495 is supported by more than 30 child welfare and immigrant advocacy organizations, including the Alliance for Children’s Rights, the Children’s Law Center of California, California State PTA, and First 5 California.

“In communities of color, cousins of cousins are cousins. We would say, ‘That’s my auntie’ even for non-blood relations,” said Chantel Johnson, directing advocate at the San Francisco-based Youth Law Center and guardian to her half-brother’s daughter. “Placing children with people they know reduces their trauma rather than placing them … in foster care.”

"When a child's parents need to leave them in someone else's care for any reason -- military deployment, a work trip, or deportation -- they want them to be safe," said Sharon Balmer Cartagena, Directing Attorney of Public Counsel's Child, Youth, and Family Advocacy Project and AB 495 sponsor. "Despite misinformation and confusing claims to the contrary, for more than 30 years, grandmothers, aunts and older siblings have used Caregiver Affidavits to enroll kids in school and take them to the doctor. This legislation expands that list to include godmothers, second cousins, and close family friends. Parents should be able to choose the person best positioned to care for a child until the family can be reunited."

Jorge De La Cruz, Deputy Director of External and Governmental Affairs with First 5 California said, “No child should face uncertainty about who will care for them if their parent becomes unavailable due to an immigration-related action. AB 495 is about protecting children and giving parents peace of mind. This bill allows a court to appoint a parent and a person nominated by the parent as joint guardians of the child if the parent is unavailable due to an immigration-related action. This helps children remain safe, supported, and cared for by someone they know. At First 5 California, we know that stability and security are essential for young children’s healthy development.” 

AB 495 is currently on the Senate Suspense file and is awaiting further action. 

Background on AB 495 

• Builds on existing caregiver affidavits that have safeguarded children in California for more than 30 years
• Ensures parents can designate trusted caregivers if they are detained or deported
• Expands options so children can be cared for by relatives or close family friends
• Affirms that parents keep full authority and can revoke these arrangements at any time
• Strengthens parental rights by allowing shared guardianship and easier termination of the arrangement once parents are back
• Provides school and child care administrators with model policies for dealing with immigration enforcement and ensuring child emergency contact information is up-to-date