AB 495: “FAMILY PREPAREDNES PLAN ACT” FAQ + PARENTAL TOOLKIT

By Attorney Nicole Pearson of Facts Law Truth Justice

If you are reading this you know that—despite the protest and pleas of attorneys, judges, advocates and experts in foster care, adoption, immigration, law enforcement, human trafficking, mental health, education, constitutional law, and parental rights—California Governor Gavin Newsom signed Assembly Bill 495 into law on October 13, 2025. AB 495, unironically titled the “Family Preparedness Plan Act,” deprives parents of their ability to develop emergency plans that actually protect their children, strips essential parental rights, and creates dangerous gaps in child protection that expose them to kidnapping, trafficking and other abuses. This will explain what AB 495 will do once it takes effect January 1, 2026, and answers the most frequently asked questions and, most importantly teach you how to protect your kids:

WHAT AB 495 ALLOWS

1.     Any person to take physical custody of your child.

With no ID, background check, verification whatsoever, any person, regardless of age or relationship, may present a Caregiver’s Authorization Affidavit and immediately, without investigation or question:

a.     Enroll or Unenroll your child from school

b.     Approve “school-related medical care,” including immunizations and therapy.

2.     Any person claiming to be a “relative” to authorize any type of medical care.

A “relative” under AB 495 includes step- or ex-relatives within the fifth degree of kinship, but, again requires no proof. Therefore, any individual may authorize any medical treatment from any provider, even if you object.

a.     Family Code, section 6550(b) lets a Caregiver’s decision override that of a parent or guardian if the parent’s choice jeopardizes the child’s “life, health or safety.” Here in California where abortions are now a constitutional right, and “a trans child is better than a dead child,” a stranger can lawfully override a parent’s and guardian’s sound decision for their own child. Since AB495 absolves providers of civil, criminal, or professional liability for acting on an Affidavit, dangerous medical care authorized
by adults who have kidnapped children to California will unquestionably happen.

3.     Schools to release a child to a stranger without notifying a parent/guardian first.

AB 495 does not require schools to first:

a.     Attempt to contact or notify the parent/guardian,

b.     Exhaust the Emergency Contact List,

c.     Question a suspicious Affidavit.

                                                        i.     A school may legally hand your child over to a total stranger without calling you once, and with zero repercussions if they are wrong.

4.     Eliminates guardrails every other system uses.

AB 495 does not require:

a.     Parental signature,

b.     Notarization of the parent’s or Caregiver’s signature,

c.     Photo ID, background checks, home visits, interviews,

d.     Public filings or hearings,

e.     Liability if someone makes a mistake and a child is harmed.

                                                        i.     This is a license to exploit vulnerable children.

WHO IS AT RISK:

All children in California.

1.     AB495 is not limited to children in public schools. Of course, no one is coming to unenroll your child, or authorize medical care, from your home school; however, someone can take your child to get them medical treatment without you knowing outside the home/school setting.

2.     AB495 is not limited to the children of undocumented immigrants. The language does not limit the Caregiver’s Affidavit to use for undocumented parents, only.

3.     AB495 is not limited to California residents. Since California is a trans, abortion, and ICE sanctuary state, a child can be brought here illegally (kidnapped) and California will not comply with the lawful subpoenas, warrants, or custody orders to return the child to their lawful guardian. *If your child is in California, the Affidavit can be presented to any school or medical provider to receive services without your knowledge or consent.

HOW TO PROTECT YOUR CHILD

1.     Complete the “Caregiver’s Authorization Affidavit Opt-Out,” below.

2.     Update your Emergency Contact List, using the attached form or your school’s online system.

3.     Ask your School Board to pass a resolution that requires the most rigorous affidavit possible.

a.     Visit https://fltjllp.com/resources for sample policies.

4.     Follow and support FACTS LAW TRUTH JUSTICE for updates + resources:          

a.     Website: https://fltjllp.com

b.     Substack: https://factslawtruthjustice.substack.com

c.     IG: @nicolepearsonesq

d.     X: @nicolepearsonjd