AB 1025: Standby Caretaker Act.
The bill, known as the standby caretaker act, aims to provide a legal framework for a custodial parent to nominate a person to serve as a standby caretaker for a minor child in case of an activating event. The standby caretaker would have the authority to make decisions regarding the child's care and well-being. The nomination would require a statutory form to be signed and witnessed under penalty of perjury, and the custodial parent would have the right to terminate the nomination at any time. The court would conduct hearings to determine the best interest of the child in such cases. The bill would also allow the standby caretaker to make decisions regarding the child's education, including enrolling them in school and consenting to school-related medical care. The court records and documents related to the standby caretaker nomination would be confidential, but parties to the proceedi…
| Feb. 02, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan. 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May. 23, 2025 | In committee: Held under submission. |
| May. 14, 2025 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May. 05, 2025 | Re-referred to Com. on APPR. |
| Amended IN Assembly May 01, 2025 |
| Amended IN Assembly March 17, 2025 |
| Introduced by Assembly Member Pellerin |
February 20, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
This bill, the Standby Guardianship Act, would authorize, if specified conditions are met, a custodial parent or legal guardian of a minor child to designate a person to serve as a standby guardian of the person, the estate, or both of the minor child by completing a Standby Guardian’s Authorization Affidavit. The bill would authorize a custodial parent or legal guardian to also specify a person to serve as alternate standby guardian in case the originally designated standby guardian is or becomes unwilling or unable to act as standby guardian. The bill would require the designation of a standby guardian to take effect upon the occurrence of an adverse immigration action, as defined, to the custodial parent or legal guardian. The bill would prescribe the requirements for the designation of a standby guardian, including a statutory form for the Standby Guardian’s Authorization Affidavit that would be signed and witnessed under penalty of perjury, and prescribe the actions to be taken in the event of an adverse immigration action. By expanding the definition of the crime of perjury, the bill would impose a state-mandated local program.
The people of the State of California do enact as follows:
SECTION 1.
Section 48204 of the Education Code is amended to read:48204.
(a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district if they are any of the following:(a)This section shall be known, and may be cited, as the Standby Guardianship Act.
(b)For purposes of this section, the following terms have the following meanings:
(1)“Adverse immigration action” means any of the following:
(A)Arrest or apprehension by a law enforcement officer for an alleged violation of federal immigration law.
(B)Detention or custody by the United States Department of Homeland Security or a federal, state, or local agency authorized or acting on behalf of the United States Department of Homeland Security.
(C)Departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal, or a stipulation of voluntary departure.
(D)The denial, revocation, or delay of the issuance of a visa or transportation letter by the United States Department of State.
(E)The denial, revocation, or delay of the issuance of a parole document or reentry permit by the United States Department of Homeland Security.
(F)The denial of admission or entry into the United States by the Department of Homeland Security.
(G)Any other immigration proceeding or enforcement action that separates a custodial parent or legal guardian from a minor child.
(2)“Standby guardian” means a person specified by a Standby Guardian’s Authorization Affidavit to have the care, custody, and control of, and to have charge of the education of, the minor child named in the affidavit.
(3)“Designated standby guardian” means a standby guardian whose designation has taken effect upon the occurrence of an adverse immigration action to the custodial parent or legal guardian who executed the Standby Guardian’s Authorization Affidavit.
(4)“Appointed standby guardian” means a designated standby guardian appointed by the court to have the care, custody, and control of, and to have charge of the education of, the minor child identified in the designating Standby Guardian’s Authorization Affidavit.
(c)The provisions of this division shall apply to a standby guardian except as otherwise provided in this section.
(d)A custodial parent or legal guardian of a minor child may, by a Standby Guardian’s Authorization Affidavit, specify a person to serve as standby guardian of the person, the estate, or both the person and the estate of the minor child. A custodial parent or legal guardian of a minor child may, in the same writing, specify a person to serve as alternate standby guardian in case the originally designated standby guardian is or becomes unwilling or unable to act as standby guardian. The designation shall take effect upon the occurrence of an adverse immigration action to the custodial parent or legal guardian who executed the affidavit. A designated standby guardian, once appointed by the court, shall have the duties and powers of a guardian under Section 2351, for the duration of the adverse immigration action and attendant circumstances that require the standby guardian to act.
(e)The Standby Guardian’s Authorization Affidavit is valid if the following requirements are satisfied:
(1)The signatures of the custodial parent or legal guardian and the standby guardian are acknowledged before a witness who is neither the custodial parent or legal guardian, the standby guardian, nor the alternate standby guardian, and who is 18 years of age or older.
(2)The standby guardian is 18 years of age or older.
(3)The affidavit is substantially in the following form:
| Standby Guardian’s Authorization Affidavit | |
| Use of this affidavit is authorized by Section 2105.2 of the California Probate Code. | |
| Instructions: Custodial parent/legal guardian shall complete this form to designate a standby guardian and, if applicable, an alternate standby guardian, to assume the care, custody, and control of, and to have charge of the education of, a minor child when the custodial parent or legal guardian is subject to an adverse immigration action, as defined by paragraph (1) of subdivision (b) of Section 2105.2 of the Probate Code. Print clearly. | |
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If only one parent or guardian completes the Standby Guardian’s Authorization Affidavit, check one or more of the following, as applicable: | |
◻ No other person has or shares legal custody of the minor child. ◻ I have advised the parent or other person having legal custody of the minor of my intent to designate a standby guardian and have received no objection. ◻ I am unable to contact the parent or other person having legal custody of the minor at this time to notify them of my intended designation. | |
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Date: _______________________ |
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NOTICES: | |
(b)A valid California driver’s license, or a driver’s license issued by another state or by a foreign public agency authorized to issue driver’s licenses. (c)A valid consular identification document issued by a consulate of the standby guardian’s country of citizenship, or a valid passport issued by the standby guardian’s country of citizenship.
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TO SCHOOL OFFICIALS: | |
1. Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from facts that the minor is not living with the standby guardian. 2. The school district may require additional reasonable evidence that the standby guardian lives at the address provided. | |
TO HEALTH CARE AND OTHER SERVICE PROVIDERS AND HEALTH CARE SERVICE PLANS: | |
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(f)Upon the occurrence of an adverse immigration action to the custodial parent or legal guardian, the designated standby guardian shall file with the court the Standby Guardian’s Authorization Affidavit provided by paragraph (3) of subdivision (e) and a Confidential Guardian Screening Form. If named as an alternate, the designated standby guardian shall also file a statement that the person originally designated as standby guardian is unwilling or unable to act as standby guardian, and the basis for that statement. The court shall set a hearing as soon as practicable, and no later than 15 days from the filing of the Standby Guardian’s Authorization Affidavit and the Confidential Guardian Screening Form, to verify the occurrence of the adverse immigration action to the custodial parent or legal guardian and to provisionally appoint the designated standby guardian. Notice of the hearing shall be personally delivered to the minor child if the child is 12 years of age or older and to any person having a valid visitation order with the minor child unless the court orders otherwise for good cause.
(g)The court shall set a hearing, unless waived for good cause, within 30 days of provisionally appointing the designated standby guardian to consider whether to formally appoint the designated standby guardian. Before that hearing, the provisionally appointed standby guardian shall file a petition for guardianship under Section 1510, give notice as required under Section 1511, and comply with any court investigation that the court may order under Section 1513, unless any of these requirements is waived for good cause. The court may order a formally appointed standby guardian to return to court as needed to assess the need for and the capacity of the standby guardian to continue serving.
(h)The designation of a standby guardian shall not:
(1)Be made over the objection of a noncustodial parent seeking custody without a court finding that the noncustodial parent’s custody would be detrimental to the minor child, as provided in Section 3041 of the Family Code.
(2)Be made by one parent or legal guardian alone, unless no other person has or shares custody of the child, the parent or legal guardian has notified the other parent and any other person having legal custody of the child of the standby guardian’s designation, and no other parent or person having legal custody objects to the designation, or the parent or legal guardian is unable to contact the other parent and any other person having legal custody of the child to notify them of the standby guardian’s designation.
(3)Supersede the parental rights of the custodial parent. An appointed standby guardian shall exercise authority jointly with the designating custodial parent or legal guardian, to the extent that the custodial parent or legal guardian is able to participate in the care, custody, and control of the minor child. The rights of the appointed standby guardian are inferior to the rights of the designating custodial parent or legal guardian, and shall be exercised only during the adverse immigration action and attendant circumstances affecting the custodial parent or legal guardian. The custodial parent or legal guardian who designated the standby guardian may terminate the standby guardianship at any time by filing a petition to terminate under Section 1601. The standard for termination set forth in Section 1601 shall not apply, and the court shall grant the petition absent good cause.
(4)Be construed as diminishing, altering, or limiting existing laws intended to protect children, including the duties and authority of law enforcement, juvenile courts, child protective services, mandatory reporters, or similarly situated individuals or agencies, or the existing caregiver’s authorization affidavit, as provided in Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code.
(5)Alone confer jurisdiction to the juvenile court under Section 300 of the Welfare and Institutions Code or be a sufficient and independent basis for adjudging that a minor child is a dependent child of the court.
SEC. 2.
Section 2105.2 is added to the Probate Code, to read:2105.2.
(a) This section shall be known, and may be cited, as the Standby Caretaker Act.| Standby Caretaker’s Authorization | |
| Use of this form is authorized by Section 2105.2 of the California Probate Code. | |
| Instructions: A parent who completes this form may nominate a standby caretaker and, if applicable, an alternate standby caretaker, to seek appointment as caretaker and assume the care of a minor child when the custodial parent is subject to the activating event described below: | |
Please provide the following: | |
1. Name of the minor: | |
2. Minor’s date of birth: | |
3. Name of each nominating custodial parent: | |
4. Name of each custodial parent, if not nominating the standby caretaker: | |
5. Home address of each nominating custodial parent: | |
6. Name of the nominated standby caretaker: | |
7. Address of the nominated standby caretaker: | |
8. Date of birth of the nominated standby caretaker: | |
9. Name of the alternate standby caretaker: | |
10. Address of the alternate standby caretaker: | |
11. Date of birth of the alternate standby caretaker: | |
If only one parent completes the Standby Caretaker’s Authorization form, check one or more of the following, as applicable: | |
◻ I have advised the other parent or person with legal custody of my intent to nominate a standby caretaker and have received no objection. ◻ No other person has or shares legal custody of the minor child. ◻ No other parent or person with legal custody is available to take legal and physical custody of the child. ◻ No other parent or person with legal custody would be required to consent to the adoption of the minor child. ◻ I have attempted but am unable to contact the parent or other person having legal custody of the minor at this time to notify them of my intended nomination. | |
I/We declare under penalty of perjury under the laws of the State of California that I am / we are the custodial parent(s) and that the foregoing is true and correct to the best of my/our knowledge. | |
Date: _______________________ | Signature:_______________________________ |
Print Name: | |
Address: | |
Date: _______________________ | Signature:_______________________________ |
Print Name: | |
Address: | |
I declare under penalty of perjury under the laws of the State of California that I voluntarily assume the role of standby caretaker upon the occurrence of the specified activating event affecting the custodial parent(s). | |
Date: _______________________ | Standby Caretaker Signature:_______________________________ |
Print Name: | |
Address: | |
I declare under penalty of perjury under the laws of the State of California that I voluntarily assume the role of alternate standby caretaker upon the occurrence of the specified activating event affecting the custodial parent(s) and in the event that the standby caretaker above is unable or unwilling to act as standby caretaker. | |
Date: | Alternate Standby Caretaker Signature:___________________________ |
Print Name: | |
Address: | |
I declare under penalty of perjury under the laws of the State of California that I witnessed the signing of this Standby Caretaker’s Authorization form by the custodial parent(s), that I am not the person nominated as the standby caretaker or the alternate standby caretaker, that I am not the custodial parent(s) of the minor, and that I am 18 years of age or older: | |
Date: | Witness Signature: |
Print Name: | |
Contact Information: | |
NOTICES: | |
1. This form, if endorsed by the court, confirms that legal custody of the minor has been temporarily transferred to the standby caretaker during the activating event and attendant circumstances affecting the custodial parent(s). 2. A person who relies in good faith on the form has no obligation to make any further inquiry or investigation beyond verifying the identity of the standby caretaker through any of the following means: (A) A government-issued identification card, including the card number and issuing jurisdiction. (B) A valid California driver’s license, or a driver’s license issued by another state or by a foreign public agency authorized to issue driver’s licenses. (C) A valid consular identification document issued by a consulate of the standby caretaker’s country of citizenship, or a valid passport issued by the standby caretaker’s country of citizenship. 3. If the circumstance requiring the standby caretaker to act ceases or if the standby caretaker is unable or unwilling to act as standby caretaker, the standby caretaker shall notify the court, custodial parent(s), and any person, school, daycare, health care provider, health care service plan, or other entity that relies on this form. | |
4. This Standby Caretaker’s Authorization form supersedes and invalidates all previous Standby Caretaker’s Authorization forms executed by the custodial parent(s). Custodial parents may also, without nominating a new standby caretaker, rescind all previous nominations by signing below. | |
I/We declare under penalty of perjury under the laws of the State of California that I am/we are the custodial parent(s) and that I/we hereby rescind all previous nominations of any standby caretaker: | |
Date: | Signature: |
Print Name: | |
Address: | |
Date: | Signature: |
Print Name: | |
Address: | |
TO SCHOOL OFFICIALS: | |
1. Paragraph (5) of subdivision (a) of Section 48204 of the Education Code provides that a court-endorsed version of this form constitutes a sufficient basis for a determination of residency of the minor unless the school district determines from facts that the minor is not living with the standby caretaker. 2. The school district may require additional reasonable evidence that the standby caretaker lives at the address provided. | |
TO HEALTH CARE AND OTHER SERVICE PROVIDERS AND HEALTH CARE SERVICE PLANS: | |
A person who acts in good faith reliance upon a court-endorsed version of the Standby Caretaker’s Authorization form to provide medical or dental care, or other services, without knowledge of facts contrary to those stated on the form, is not subject to civil or criminal liability and is not subject to professional disciplinary action for that reliance. | |
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.