California bill sparks parental rights alarm over child care

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California bill would allow non-family members of kids to act as a caregiver

California mother and attorney Elizabeth Barcohana joins 'Fox & Friends' to discuss her main concerns with the legislation and why she considers the bill dangerous amid concerns of child exploitation.

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California's latest move against the Trump agenda has some parents and activists sounding the alarm over a proposal they say could create legal loopholes that could endanger children and hinder parental rights. 

The Family Preparedness Plan Act, also known as AB 495, is billed as a way to ensure children are cared for if their parents are suddenly detained or deported. Critics warn the measure goes too far by letting non-family adults step in as caregivers with limited oversight — a change they argue could create dangerous workarounds.

"It basically means any adult can self-attest to their own authorization to take guardianship over any minor child," Elizabeth Barcohana, an attorney and California mother of four, told Fox News on Monday.

"Without parental notification, consent, background check, any guardrails, this adult… can basically take control over anyone’s child." 

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Parental rights are at the heart of some concerns surrounding the California bill that would allow "nonrelative extended family members" to make certain decisions for kids. (iStock)

The bill specifies that the measure "does not affect the rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor." 

Instead, it would authorize caregivers to handle school enrollment as well as authorize medical, mental health and dental care, given that the child lives inside that caregiver's home.

Separate provisions of AB 495, however, expand the role of the courts, allowing judges to appoint a custodial parent and another adult nominated by that parent as joint guardians if the parent is expected to be temporarily unavailable, including in immigration-related cases.

The bill also states that caregiver eligibility is limited to "nonrelative extended family members," defined as adults with an established familial or mentoring relationship with the child, including teachers, clergy, neighbors or family friends. 

Supporters say the bill is meant to protect children, not create loopholes. 

Lawmakers wrote that, "stable caregiving arrangements are essential for the health, safety, and emotional well-being of children" and argued that immigration crackdowns have put families at risk of "widespread family separations" that "disrupt caregiving stability for children under 18 years of age."

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The California State Capitol building in Sacramento, Calif., in July 2021. (David Paul Morris/Bloomberg via Getty Images)

Several nonprofits have backed the measure, including the Alliance for Children’s Rights. 

Its president, Jennifer L. Braun, said the bill "advances the goal of putting children’s well-being at the forefront" by promoting parent engagement in "the hard decisions that are best for their family" and by providing options to support them in times of crisis.

The caregiver’s authorization affidavit mentioned in the bill includes a section where caregivers must declare whether parents were notified regarding the caregiver's intent to authorize medical care and more. 

One option reads, "I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection." 

The other: "I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization." 

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