Latest news with #FamilyPreparednessPlanAct
Yahoo
19 minutes ago
- Politics
- Yahoo
California's controversial parental rights bill
Amy Reichert had a few days notice to pack her bags and catch an early morning flight from San Diego to Sacramento. 'I just felt like I needed to be here physically,' she said. Reichert traveled to California to protest against Assembly Bill 495, or the Family Preparedness Plan Act, on Tuesday in front of the state Capitol. The bill is intended to aid migrant children of deported parents but the policy has a few holes, Reichert said. Proponents of the bill say it will help migrant parents, while opponents say it will strip parents of their rights to decide who cares for their children. The bill expands who is allowed to sign a caregiver's authorization affidavit, a legal form to give an adult authority over a child's schooling and healthcare decisions, allowing an adults to become a caregiver to a child without a requirement that parents sign the form. It also expands the definition of a caregiver to a relative or a nonrelative, which could include anyone, from a family friend to a teacher. The proposed bill relies on the caregiver's declaration and does not mandate any sort of background checks. What are critics saying? The mobilization efforts against the bill are growing. Among the people making opposed to the bill is Steve Hilton, a British-American political Republican commentator who is running for governor. In a video on X, he said the bill 'legalized kidnapping.' Critics, like Reichert, argue the bill will have negative consequences for American families and could lead to child exploitation. She hadn't seen any major red flags in an earlier version of the bill but then learned about the changes. 'There were more safeguards on it. Those safeguards were taken off and it was frightening because I do have a school aged child myself,' Reichert said. 'Remember — we all have different living situations," she said, adding that the bill could legally embolden one parent to make decisions without considering the other or going through the court system, should the couple be divorced or separated. Reichert, the founder of Restore San Diego, who also pushed for the reopening of schools and businesses in 2020, spoke to the Deseret News on her walk from the Hyatt Regency, where she attended a meeting to organize lobbying efforts against the bill, to the Capitol steps. She was tasked with leading people to Sen. Steve Padilla's office to ask him to vote against the bill, which passed the Assembly and is now being considered in the California State Senate. As Reichert arrived at the protest ahead of time, she switched to FaceTime, giving the Deseret News a peek into the scene on the ground. Live gospel music played in the background as hundreds of people held signs that said 'STOP AB 495″ and 'Don't Gamble with Child Safety,' as they stood scattered around the steps and the lawn waiting for the programming to begin. Legal precedent against AB 495 Will Estrada, the senior counsel at the Homeschool Legal Defense Association, who was also at the protest, chatted with the Deseret News ahead of attending and speaking at the rally. Estrada was at a hotel across the street, alongside a crowd of people with signs gathered in the atrium. 'As people have dug into this, they've realized that this is not just in an immigration context. This is a bill that really comes between the parent-child relationship,' he said. 'The family is the foundation of society,' Estrada said. Whether found in religious scriptures, from Jewish, Christian to Islamic, or Greek philosophy — most cultures are in agreement about this foundation, he said. The Supreme Court has protected this relationship for 102 years, he added. Beginning with Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925), the courts have asserted a child doesn't belong to the state. And 'just earlier this year, Mahmoud v. Taylor, the Supreme Court case regarding parental opt-outs of certain curriculum in the public schools,' reaffirmed parental rights as fundamental, as Estrada put it. He said he is optimistic California Gov. Gavin Newsom will listen to reason. He's a dad to four children himself, the legal counsel noted, adding, 'Parental rights are for everyone and the government should not come between that.' Proponents of the bill argue it will help ease disruptions for children when families are separated because of immigration issues. Parents facing tough situations, like sudden deportation because of their undocumented immigration status, are often faced with 'impossible choices,' Alliance for Children's Rights said in a statement. Incarceration, military service or illness are other reasons where such an affidavit comes into play. 'Some make the difficult choice to suspend their parental rights through the complicated probate guardianship process, others opt to use a caregiver's authorization affidavit for a more informal arrangement.' The statement noted these affidavits are already an existing route for caregivers who aren't the parent or legal guardian. This paperwork doesn't transfer over the custody of the child — a court order would still be required. Solve the daily Crossword
Yahoo
5 hours ago
- Politics
- Yahoo
California pastor leads rally at state capitol warning parents to flee state if 'dangerous' bill passes
A California pastor is calling on families to flee the state if a bill passes which would expand the categories of who can claim "caregiver" rights over a child. "Legal experts have concluded that this very well might be the worst, most dangerous legislation that has ever come out of California," Pastor Jack Hibbs of Calvary Chapel Chino Hills warned, in an interview with Fox News Digital. "If this bill passes, you have to grab your kid and leave the state for your child's protection." Hibbs is leading a rally on Tuesday at 1 p.m. PT at the Capitol in Sacramento urging Governor Gavin Newsom to veto AB 495, called the Family Preparedness Plan Act. The bill intends to protect immigrant children at risk of family separation through immigration enforcement. The bill allows a caregiver who is a relative or has "an established familial or mentoring relationship with the child" to sign a caregiver's authorization affidavit and be given the legal right to enroll a minor in school and consent to school-related medical care on behalf of the minor, its text says. California Democrats Unveil Redistricting Map To Wipe Out 5 Gop Seats, Counter Texas Plan Hibbs and parental rights groups in the state argue the bill is too broad as currently written, and could strip parents of their authority to make school-related medical decisions for their children. Read On The Fox News App Schools are under no obligation to conduct further inquiries or investigations, the bill states. There is no requirement in the bill for schools to get parental consent, check photo I.D., or do a background check on those who complete the affidavit, Hibbs argued. The affidavit requests a driver's license number, but caregivers may provide a Social Security or Medi-Cal number instead. Hibbs said that legal experts he's consulted have called the bill a "human trafficker, pedophile, and kidnapper's dream come true." If signed into law, similar bills could crop up in other liberal states across the nation, he warned. Exclusive: New 'Gavin Newsom Files' Reveal California Governor's 'Extreme' Agenda Hibbs argued that California's Education code 234.7 already protects immigrant students in schools in cases of immigration enforcement. He hopes to draw enough attention to the bill to warn families but also hold Newsom accountable if he signs it into law. "This is where Newsom must be stopped," Hibbs said, referring to the governor's rumored 2028 presidential aspirations. "Let's make him own this bill. Let's tie it around his neck and let it be a letter that he wears that he has no regard for parental rights and no regard for federal law," Hibbs said. Assemblywoman Celeste Rodriguez, an AB 495 sponsor, clarified in a "FAQ" document that the bill "does not create any form of legal or physical custody under California law." Rodriguez and Newsom's office did not return Fox News Digital's request for article source: California pastor leads rally at state capitol warning parents to flee state if 'dangerous' bill passes Solve the daily Crossword
Fox News
10 hours ago
- Politics
- Fox News
California pastor leads rally at state capitol warning parents to flee state if 'dangerous' bill passes
A California pastor is calling on families to flee the state if a bill passes which would expand the categories of who can claim "caregiver" rights over a child. "Legal experts have concluded that this very well might be the worst, most dangerous legislation that has ever come out of California," Pastor Jack Hibbs of Calvary Chapel Chino Hills warned, in an interview with Fox News Digital. "If this bill passes, you have to grab your kid and leave the state for your child's protection." Hibbs is leading a rally on Tuesday at 1 pm at the Capitol in Sacramento urging Governor Gavin Newsom to veto AB 495, called the Family Preparedness Plan Act. The bill intends to protect immigrant children at risk of family separation through immigration enforcement. The bill allows a caregiver who is a relative or has "an established familial or mentoring relationship with the child" to sign a caregiver's authorization affidavit and be given the legal right to enroll a minor in school and consent to school-related medical care on behalf of the minor, its text says. Hibbs and parental rights groups in the state argue the bill is too broad as currently written, and could strip parents of their authority to make school-related medical decisions for their children. Schools are under no obligation to conduct further inquiries or investigations, the bill states. There is no requirement in the bill for schools to get parental consent, check photo I.D., or do a background check on those who complete the affidavit, Hibbs argued. The affidavit requests a driver's license number, but caregivers may provide a Social Security or Medi-Cal number instead. Hibbs said that legal experts he's consulted have called the bill a "human trafficker, pedophile, and kidnapper's dream come true." If signed into law, similar bills could crop up in other liberal states across the nation, he warned. Hibbs argued that California's Education code 234.7 already protects immigrant students in schools in cases of immigration enforcement. He hopes to draw enough attention to the bill to warn families but also hold Newsom accountable if he signs it into law. "This is where Newsom must be stopped," Hibbs said, referring to the governor's rumored 2028 presidential aspirations. "Let's make him own this bill. Let's tie it around his neck and let it be a letter that he wears that he has no regard for parental rights and no regard for federal law," Hibbs said. AB 495 sponsor, Assemblywoman Celeste Rodriguez, clarified in a "FAQ" document that the bill "does not create any form of legal or physical custody under California law." Rodriguez and Newsom's office did not return Fox News Digital's request for comment.
Fox News
15 hours ago
- Politics
- Fox News
Parental rights concerns erupt over California bill that would let non-relatives make decisions for kids
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." 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." 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." Critics like Barcohana say the second option allows adults to assume control of a child without ever speaking to the parents. "[That's] the most egregious thing on this form," she said. Barcohana also warned the measure isn't confined to the children of deported illegal immigrants since the bill's language applies to any child. She says the scope leaves the door open for abuse far beyond its intended purpose. "That intention doesn't make it into the amendments to the statute itself, so it's not limited to that situation and, as a result, it applies to any child, not only California children but a child that is brought in by a trafficker… from another state."
