summary
Introduced
02/20/2025
02/20/2025
In Committee
05/14/2025
05/14/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
An act to amend Section 48204 of the Education Code, and to add Section 2105.2 to the Probate Code, relating to guardianship.
AI Summary
This bill establishes two key legal mechanisms for parents facing potential separation from their children due to challenging circumstances, primarily focused on immigration-related issues and other significant life events. The Standby Guardianship Act and Standby Caretaker Act would allow custodial parents to proactively designate a trusted adult to temporarily care for their minor children through a formal authorization process. For the guardianship provisions, parents experiencing an "adverse immigration action" (such as arrest, detention, deportation, or visa issues) can designate a standby guardian who can legally care for their child during the parent's absence. Similarly, the caretaker provisions expand this concept to include other "activating events" like incarceration, physical disability, mental incapacity, or military service. In both cases, parents can nominate a primary and alternate caregiver through a detailed statutory form that must be signed under penalty of perjury and witnessed. The bill requires court involvement to verify and formally appoint the designated guardian or caretaker, ensures the process respects parental rights, and provides confidentiality protections. Additionally, the bill amends education code provisions to recognize these authorizations as sufficient for determining a child's school residency, helping to minimize disruption to the child's education during these challenging times.
Committee Categories
Budget and Finance, Justice
Sponsors (1)
Last Action
In committee: Held under submission. (on 05/23/2025)
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