Fact check: Can AB-495 be used by anyone to take my child without my permission from school

1. Summary of the results

Based on the analyses provided, AB-495 cannot be used by anyone to take a child without permission from school. The bill, known as the Family Preparedness Plan Act of 2025, has a specific purpose: to provide a safety net for families separated due to immigration enforcement and to streamline the process for temporary guardianship ^[1].

Snopes fact-checking explicitly debunks this claim, stating that the caregiver's authorization affidavit does not grant legal custody and is not a new provision, and that schools only release children to people listed as emergency contacts ^[2]. The bill creates a new process for short-term guardianships that allows parents to designate temporary caregivers while maintaining their parental rights ^[3].

The legislation expands who can execute a caregiver authorization affidavit and includes limits on schools' and child care facilities' cooperation with immigration enforcement, but it does not enable unauthorized removal of children from school ^[4].

2. Missing context/alternative viewpoints

The original question lacks crucial context about AB-495's actual purpose and legal framework. The bill specifically targets families facing separation due to immigration enforcement, not general child custody situations ^[1].

Parent advocacy groups and conservative voices raise significant concerns about the legislation. Paul Chappell argues that AB-495 threatens parental rights by allowing any adult to assume broad authority over a child with little more than a signature, potentially enabling child trafficking and kidnapping ^[5]. The Center Square reports that parent advocacy groups view the bill as creating a legal loophole for kidnapping children, as it allows non-relative extended family members to authorize school-related medical care and enrollment without requiring the parent's signature or background checks ^[6].

Those who benefit from opposing this narrative include immigration enforcement agencies and those who favor stricter immigration policies, as the bill limits cooperation between schools and immigration authorities. Those who benefit from supporting the bill include immigrant rights organizations and families facing potential separation due to immigration status.

3. Potential misinformation/bias in the original statement

The original question contains significant misinformation by suggesting that AB-495 allows "anyone" to take a child without permission from school. This framing is factually incorrect according to fact-checking analysis ^[2] and misrepresents the bill's actual provisions and safeguards.

The question appears to reflect fear-based messaging that has circulated around the legislation, potentially amplified by opponents who characterize the bill as threatening parental rights ^{[5] [6]}. This type of framing benefits those who oppose immigration-friendly policies by creating alarm about child safety.

The bias in the original statement lies in its assumption that the bill creates a mechanism for unauthorized child removal, when the actual legislation maintains existing protections while addressing specific circumstances related to immigration enforcement separations.