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California Assembly Bill No. 495 (key passages below)
Caregiver Affidavit: “No Notary. No Court Seal.”
“A seal or signature of the court is not required. This form is not required to be notarized.” (Caregiver’s Authorization Affidavit — statutory form, Family Code §6552 as amended)
Medical Authority Handed to Non-Parents
“When signed by a relative, this affidavit shall confer the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by a relative caregiver may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.” (Caregiver’s Authorization Affidavit — statutory form)
Immunity for Providers Who Rely on the Paper
“A health care service provider who acts in good faith reliance upon a caregiver’s 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 liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A seal or signature of the court is not required. This form is not required to be notarized.” (Caregiver’s Authorization Affidavit — statutory form)
No Duty to Check If the Paper Is Real
“A person who relies on this affidavit has no obligation to make any further inquiry or investigation.” (Caregiver’s Authorization Affidavit — statutory form, “Notices” section)
Who Counts as a “Relative” (Overbroad, Easily Exploited)
“‘Relative,’ for purposes of item 5, means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words ‘great,’ ‘great-great,’ or ‘grand,’ or the spouse of any of these persons even if the marriage was terminated by death or dissolution.” (Caregiver’s Authorization Affidavit — statutory form, “Additional Information: TO CAREGIVERS”)
Schools Told the Paper Is “Sufficient” to Establish Residency
“Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.” (Caregiver’s Authorization Affidavit — “TO SCHOOL OFFICIALS”)
Still No Identity Verification
“The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.” (Caregiver’s Authorization Affidavit — “TO SCHOOL OFFICIALS”)
(Note: The statute invites proof of address, not identity. Combined with “no obligation to investigate,” this is the release-to-stranger risk.)
Secret Guardianship Lane (Records Sealed)
“All court records, petitions, orders, and documents related to the appointment of joint guardians pursuant to this subdivision shall be confidential, and shall be made available only to the persons who have been served in the proceeding and their attorneys, if applicable. The clerk of the court shall make provisions to limit access to these documents and any other information that personally identifies the minor, custodial parent, the appointed guardian, or family members who are a party to or identified in the proceeding.” (Probate Code §2105 as amended — joint guardianship ‘temporary unavailability’ subdivision)
“Consistent with Section 7284.6 of the Government Code, information contained in these records shall not be disclosed to law enforcement officers or agencies or any entity engaged in immigration enforcement without a court order.” (Probate Code §2105 as amended — same subdivision)
“Temporary Unavailability” Trigger for Joint Guardianship
“[T]he court, in its discretion, may appoint the 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…” (Probate Code §2105 as amended — joint guardianship trigger)
Daycare & Preschool “Family Preparedness” (Records & Anti-ICE Model Policies)
“[Licensed child daycare and state preschool] shall not collect information or documents regarding citizenship or immigration status of children or their family members [except as required by law]…” (Health & Safety Code ch. 3.62 as added)
“The licensee or administrator … shall report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency… [and] shall ensure the confidentiality and privacy [of information].” (Health & Safety Code ch. 3.62 as added)