California law criticized for having potential to 'facilitate child trafficking'

Gavin Newsom, governor of the radically pro-abortion state of California, recently signed into law a measure affecting parental rights that has been described by some critics as "legalized" kidnapping and "state-sanctioned child trafficking."  

​Assemblywoman Celeste Rodriguez, author of the bill, AB 495, claimed it is necessary for children left alone after parents are arrested or detained by Immigration and Customs Enforcement (ICE), stating the bill “is a crucial step toward protecting children and families at a time when they are facing the terror of separation.”

The bill's purported intent 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.” Critics say it puts children at risk.

Key Takeaways:​

• Newsom signed Assembly Bill 495 into law earlier this month, claiming it protects children.

• Distant "relatives" can complete affidavits with no required background check, photo identification, or parental notification/consent.

• Critics say the move is dangerous and could put children at risk.

The Details:

On October 12, Governor Newsom signed the Family Preparedness Plan Act of 2025 (Assembly Bill 495), which Newsom’s press office claims "protects children” and “supports parents’ rights and ensures educational institutions are equipped to support families in times of crisis.”  

​The bill was amended multiple times before a final version was passed and presented to Newsom for his signature. Earlier versions expanded previous state statutes' definition of what constitutes as a “caregiver” to include “any adult caregiver who has an established familiar or mentoring relationship with the child, or who has an established familiar relationship with a relative of the children.”

The final version of the bill, however, removed this language and maintained references to any person who is a "relative" — with up to a fifth-degree of separation between the alleged relative and the child (including current or former step parents or step siblings) — who can take possession of a minor by merely handing school or childcare staff an internet-downloaded “Caregiver’s Authorization Affidavit” which requires no parental notification or consent, no photo identification, and no background check.  

The text of the bill states (emphasis added):

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 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, as specified.

By expanding who is authorized to sign a caregiver’s authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state-mandated local program.

State legislator Carl DeMaio called AB 495 "dangerous" and disagreed with Newsom’s claim of "protecting children." DeMaio referred to the bill as a "gift to child traffickers." If so-called distant "relatives" do not have to prove their relationship to a child, this indeed could be an open door to exploitation.

In the bill, "relative" is defined as "an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including all stepparents, stepsiblings, and all relatives whose status is preceded by the words 'great,' 'great-great,' or 'grand,' or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution."

In the "Caregiver’s Authorization Affidavit" detailed in the bill, there is an option for the "relative" to check a box which reads, "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."

There is no way to verify the veracity of such information, nor is any form of proof required.

The form warns:

Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.

Warning to Local Educational Agencies and Health Care Service Providers: A seal or signature from a court is not required. This form is not required to be notarized.

​The Backstory:

During debate on the assembly floor, Member DeMaio questioned the narrative by bill supporters that people were being arrested in the middle of the night by ICE, leaving children behind without any guardians, asking, “Can you show me that this is actually happening?...the answer is NO.”

​DeMaio further stated, “This bill is grounded in hysteria… but what is worse is it changes state law as it relates to individuals that can claim custody over minor children,” which he emphasized is "a big deal!”  

​In August, Pastor of Calvary Chapel Chino Hills, Jack Hibbs, held a rally at the state capitol, rallying opposition to AB 495 and warning California parents that the bill is a “kidnapper's, trafficker's, pedophile's dream come true.”  

Life Legal, a pro-life law firm, warned families to oppose the bill earlier this month, stating that AB 495, “could allow the government to remove children from parents who refuse gender-transition procedures…" and calling the legislation “an alarming threat to parental rights, religious freedom, and the dignity of the family.”  

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Zoom In:

Will Estrada, senior counsel at the Home School Legal Defense Association, stated in a video posted to X upon AB 495's signing:

"... The California Legislature... removed some of the most dangerous provisions from the bill prior to sending it to Governor Newsom for his signature. They tightened up some of the language, they removed the new creation of a non-relative extended family member who could come in and make educational or medical decisions for a child, and so, some of the most dangerous provisions were removed from the bill prior to it being signed into law...."

However, some say there are still major oversights and dangers in the bill.

Pastor Hibbs encouraged Californian parents to homeschool and persevere, vowing to closely monitor the ramifications of the new law.  

​Vice President of the American College of Pediatricians, Dr. Jane Anderson, warned:

​California’s new law, AB 495, places every child in the state who is in daycare or school at risk of abduction by any adult who signs a statement of guardianship.

No notification of parents is required, nor is any verification of identification necessary to remove the parents as the child’s guardians. This law, promoted as a compassionate approach to help children whose parents face deportation, has the unfortunate and horrible consequence of facilitating child trafficking.

​Claiming that the law “puts every child in the state at risk,” President, CEO, and Chief Counsel for Alliance Defending Freedom (ADF) Kristen Waggoner stated that the law “must be struck down or repealed.” Waggoner added:

​How could this possibly go wrong? Let me count the ways: from enabling child trafficking to separating a child from loving parents who question a “gender transition."

In a state that already forces schools to hide social transitions from parents, the terrifying prospect of secret medical transition is hardly far-fetched. Now, there is another path to bypass parents and secretly push kids towards these dangerous drugs and surgeries.​

According to Waggoner, ADF is “considering all legal options.”  

​The Bottom Line:

Willfully exposing children to the possibility of trafficking or potential abuse is dangerously outrageous, and opens up the possibility for increased abortions, as trafficking and abortion are often linked. When those holding political office intentionally deny the foundational humanity from the very beginning of a child’s life, inside the womb, the rapid progression of moral depravity becomes glaringly evident. As with other legislation, parental rights groups and pro-life leaders may be facing attempts to pass similar legislation in states across the country.