Compassion or Chaos? Unpacking the Dangers of Assembly Bill 495 for Child Welfare

By Craig DeLuz | Project 21 Leadership Network

OPINION – Assembly Bill 495, or the “Family Preparedness Plan Act of 2025,” is being positioned as a compassionate response to the challenges immigrant families face during sudden separations. Yet, beneath its empathetic veneer lies a monstrous redefinition of guardianship that threatens not only parental rights but the very fabric of child safety. It appears that under the guise of compassion, California lawmakers may be unwittingly paving the way for exploitation.

At its core, AB 495 opens the door wide for individuals who may have no deep or credible connection to a child to assume control over that child’s welfare, all with little more than a hastily completed affidavit. Assemblywoman Celeste Rodriguez, the bill’s author, argues that no child should face uncertainty, but the reality is that this bill introduces a profound uncertainty into our child welfare system. By allowing “nonrelative extended family members”—a term so broadly defined it could include nearly anyone—with minimal verification to step in and make decisions about a child’s life, the bill presents a significant danger. 

Critics of the bill, including seasoned attorneys and parent rights advocates, have accurately described AB 495 as a “dream bill” for child traffickers and kidnappers. The chilling absence of background checks or any form of judicial oversight is alarming. One can imagine a scenario where a nefarious individual, fueled by ill intent, simply presents a piece of ID and waltzes away with a child—no questions asked. That should send shivers down the spine of any concerned citizen. 

Erin Friday, a leading advocate against this bill, aptly summarized the potential consequences: “Presto, someone walks away with your child.” This frightening possibility is compounded by the language of the bill, which does not limit its application to immigration-related scenarios but instead extends to any child for any reason. The legal implications are staggering: medical decisions, educational enrollments, and treatments of any nature could be made by strangers, removing parents from the equation entirely. 

Nicole Pearson’s testimony rings especially true in this context. The idea that a non-relative could remove a child from school or authorize medical treatment without parental consent is not merely hyperbole; it opens Pandora’s box to rampant abuse. The safeguards that traditionally accompany custodial arrangements—home visits, background checks, court scrutiny—are glaringly absent here. 

Moreover, the notion that this bill is intended as a compassionate remedy for immigrant families is a misleading narrative. The bill does not address the existing legal structures that already provide for temporary guardianship; instead, it seeks to undermine those safeguards by offering a shortcut that circumvents the oversight necessary to protect our children. 

California already has legal frameworks in place that allow for temporary custodianship with proper oversight—measures designed to prioritize child safety while acknowledging the complexities of family crises. Thus, this argument that we must lessen safeguards to achieve compassion is not only fallacious but demonstrates a profound misunderstanding of what true compassion entails. 

As California embarks upon this concerning legislative path, it’s essential for lawmakers and citizens alike to recognize the potential ramifications of AB 495. No one disputes the need for compassion in times of crisis; however, it must be balanced with adequate protections to ensure that children, the most vulnerable among us, are not left at the mercy of unwarranted and unmonitored authority. Compassion without guardrails is not an act of mercy—it is a recipe for chaos, endangerment, and potential tragedy. It is time for a reevaluation of not just the intent behind AB 495, but also its consequences, before it’s too late.

Project 21 Ambassador, Craig J. DeLuz has almost 30 years of experience in public policy and advocacy. He also currently hosts a daily news and commentary show called “The RUNDOWN.” You can follow him on X at @CraigDeLuz. This was first published at Red State.