California Gov. Gavin Newsom signed a law earlier this month that could make child abduction from school easier by expanding the definition of a “caregiver” allowed to withdraw a child from school with an affidavit.
The law, AB 495, was passed in response to concerns that children could be separated from parents who are being deported by Immigration and Customs Enforcement (ICE) due to President Donald Trump’s energetic enforcement of immigration law. But critics warned that it has almost no safeguards against strangers trying to abduct children, other than threatening them with perjury if they lie on an affidavit provided to a school.
The official summary of the bill, the “Family Preparedness Plan Act of 2025,” says that it “would revise the definition of relative to expand the type of relative who is authorized to execute a caregiver’s authorization affidavit and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians.” Given a medical excuse, almost any adult could sign an affidavit and withdraw a child from school.
The California Policy Center warned:
In response to enforcement of illegal immigration by the Trump Administration, this bill puts forward an affidavit process that could easily allow for increased kidnapping and human trafficking of our children. The guardrails for this bill are insufficient and the proposed law is riddled with logistical problems that don’t require authority figures to verify that a child is being surrendered to a legitimate adult in the case of a parent being detained, as is the case with designated emergency contacts, court sanctioned standby guardians or when Child Protective Services gets involved.
The American Thinker noted:
This bill has sparked outrage among conservatives, parental rights advocates, and religious leaders, as it clearly endangers children and undermines God-given parental authority. This legislation was ostensibly framed as a safeguard for immigrant families, but it opens dangerous loopholes that could facilitate child-trafficking and abuse. It demands urgent action from parents and concerned citizens.
AB 495 expands the use of the Caregiver’s Authorization Affidavit, which allows any adult claiming kinship “within the fifth degree” to make medical and educational decisions for a child without parental consent or verification. The California Family Council notes that this affidavit requires no notarization or background checks, meaning any stranger could easily claim to be a relative, access a child, and even enroll him in another school. Kristen Waggoner of ADF Legal warns that this could enable predators to exploit children, including separating them from parents who oppose controversial medical interventions like chemical castration or the surgical mutilation of their genitals. Pastor Jack Hibbs has called the bill “demonic,” urging parents to flee California’s public schools for homeschooling or private alternatives to protect their children. This aligns with broader concerns about California’s policies under Newsom, which conservatives (normal Americans) argue prioritize ideological agendas over child safety, especially given the lack of safeguards against fraud or abuse.
What’s even worse is the bill’s application to all children in state-licensed daycares, preschools, and public schools, potentially affecting millions of children. The state has ordered public schools to begin purging their emergency contact records, erasing any record of parental authority, and reports indicate some school districts, like San Francisco and Chino Valley, have already begun doing so. In a stunningly Orwellian statement, Governor Newsom claimed that this would actually “make children safer.”
Newsom and other Democrats, notably Los Angeles Mayor Karen Bass, have created a sense of hysteria around immigration raids, claiming falsely that federal agents were targeting schools and graduations.
Former Breitbart editor Jon Fleischman noted that AB 495 is one of hundreds of laws signed by the governor in a slew of activity from mid-September through mid-October with little to no chance for public scrutiny.
Newsom has a pattern of signing laws that place children in danger, including an anti-loitering law that led to an explosion of child prostitution, and which he was forced to repeal earlier this year due to public outrage.
Newsom has also made California a “sanctuary state” for transgender drugs and surgeries for children, and has signed legislation punishing school districts that inform parents about gender changes for kids at school.
Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the recent e-book, “The Zionist Conspiracy (and how to join it),” now available on Audible. He is also the author of the e-book, Neither Free nor Fair: The 2020 U.S. Presidential Election. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.
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