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Fact check: Can AB-495 be invoked in response to non-medical emergencies in schools?

Checked on August 21, 2025

1. Summary of the results

Based on the analyses provided, AB-495 does not explicitly address non-medical emergencies in schools, but the bill's broad language suggests it could potentially apply to such situations. The bill, known as the Family Preparedness Plan Act of 2025, primarily aims to help families make caregiving arrangements during situations such as deportation, incarceration, or illness [1].

The legislation expands who can execute a caregiver's authorization affidavit, which can be used to enroll a child in school and make decisions about their education and medical care [1]. The bill would also authorize courts to appoint joint guardians of a minor if the custodial parent will be temporarily unavailable due to specified circumstances [2].

While none of the sources directly confirm that AB-495 can be invoked for non-medical school emergencies, the analyses suggest the bill's language is sufficiently broad to potentially cover such scenarios [1] [3] [2].

2. Missing context/alternative viewpoints

The original question lacks important context about the controversy surrounding AB-495's broad language. Critics argue that the bill's changes could invite overreach by hostile relatives, confusion, and misuse by courts or agencies [4]. Specifically, opponents contend that the bill's provisions could apply to any situation, not just immigration-related emergencies, and that it expands parental authority to distant kin and non-relatives [4].

There are concerns that the legislation could potentially allow unauthorized individuals to pick up children from schools [5], which directly relates to the question about non-medical emergencies in educational settings.

Supporters of the bill would benefit from its passage as it primarily aims to protect immigrant families from separations during deportations or detainments [1]. Immigration advocacy groups and families facing potential separation would gain from expanded caregiver authorization options.

Opponents, including some parents and child safety advocates, argue the bill creates unnecessary risks and confusion in child custody arrangements [5] [4].

3. Potential misinformation/bias in the original statement

The original question itself does not contain explicit misinformation, but it lacks crucial context about the bill's primary purpose and controversial aspects. The question focuses narrowly on non-medical school emergencies without acknowledging that AB-495 was primarily designed to address family separations due to immigration enforcement [3] [1].

The framing could be misleading by suggesting the bill specifically targets school emergency situations, when in fact the legislation has much broader implications for child custody and caregiver authorization across multiple scenarios [1] [2].

Additionally, the question omits the significant debate surrounding the bill's potential for misuse and the fact that critics have raised concerns about child exploitation risks [3], though fact-checkers have found some of these claims to be false, particularly the assertion that the bill would allow non-relatives to "take custody" of children [3].

Want to dive deeper?
What are the specific conditions under which AB-495 can be invoked in schools?
How does AB-495 address non-medical emergencies such as school violence or natural disasters?
What training do school staff receive to respond to non-medical emergencies under AB-495?
Can AB-495 be used in conjunction with other emergency response protocols in schools?
What are the potential consequences of invoking AB-495 in response to a non-medical emergency in a school setting?