The coalition’s child care safety plan incorporates the changes that come with AB 495, a new state law set to take effect Jan. 1. The law will allow parents to create a joint guardianship with a trusted adult for their child or children should they become unable to provide care, including due to detention or deportation. 

The law, which faced pushback from conservative voices ahead of Gov. Gavin Newsom approving it in October, also loosens restrictions on who is eligible to be named a temporary caregiver from more immediate relatives to a broader definition of kin. Advocates of the legislation said many immigrant families do not have close relatives in the country, and should be allowed to designate another trusted adult — potentially keeping their kids out of the foster care system.

The law also strengthens the ability of parents to terminate the guardianship once they are available to care for the child again, and directs the courts to presume that the original parent retaining custody is preferred.

Prior to the law, undocumented parents often struggled with not having the right documents or resources in emergency situations, and fully transferring guardianship to someone else was at times the only option. AB 495 also strengthens privacy protections around immigration status in schools and child care settings. 

“Guardianship proceedings are intense. The paperwork is intense. The money that it costs to get in court is intense, and it takes away a parent’s rights,” Ridino said. “Parents are supposed to get [guardianship] back when they go back to court, but I’ve seen a lot of situations where well-meaning guardians don’t always want to give the kids back, or a judge will say after years with the new guardian that they might be better off in that home.”

The coalition, a partnership of attorneys, social service providers and community advocates in Santa Cruz County, started creating guardianship toolkits and resource guides in response to the increased immigration enforcement during President Donald Trump’s first term. 

“We just really want it to be easy and not confusing for families,” Ridino said.

Dr. Faris Sabbah, Santa Cruz County Superintendent of Schools, is encouraging all families to utilize the child care safety plan, regardless of documentation status.

“This is a private, safe and effective tool to help identify the people that you want to care for your children in case you’re unable to do so,” Sabbah said. “It allows a way for schools to better understand the needs of students and also to be a part of that support system.”

The coalition held a press conference this month and has met with Bonta’s office twice to discuss the child care safety plan but has yet to receive his full support.

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