When Pastor Jack Hibbs announced a rally against AB 495, the Family Preparedness Plan Act, at the California State Capitol, I knew I had to be there. Looking at the size of the crowd made it clear that thousands of California parents felt the same.

Pastor Hibbs, who defied Governor Gavin Newsom during COVID lockdowns and kept his church open, recently issued a warning to parents that underscores the how bad this bill is:

“If AB 495 passes, I am going to ask you to leave the state of California. You’re going to need to pack up and you’re going to have to get out. You got to run with your kids. You got to go.”

Pastor Hibbs is not exaggerating: AB 495 lets almost anyone claim authority over a child with little proof. That control covers school, medical care, and even moving the child into a new home. It allows irreversible medical interventions without parents. With vague definitions of “relative” and “nonrelative extended family member,” predators and traffickers could exploit it. Human trafficking is one of the fastest-growing crimes, and this bill makes their job easier.

At first, it was hard to believe a bill like AB 495 could exist. But it is real, it is dangerous, and it poses a threat to every child in California. If the bill is passed:

• Any adult, a teacher, coach, neighbor, mentor, or even a casual acquaintance, can claim a “family-like” relationship with a child and become the child’s guardian with a single affidavit.
• That single affidavit allows the adult to enroll the child in school, approve medical and dental care, and consent to mental health treatment, including therapy and medication, all without parental knowledge or consent.
• No ID, no background check, no judge, no court, and no notice to the parent.

The dangers of AB 495 have activated parents across California. A reel I posted on Instagram went viral, reaching over 1 million viewers and 30,000 likes, with thousands of parents reaching out and commenting, expressing their fears that their children could be stolen from them. Among the 2,400 mostly positive comments, some revealed misinformation about the bill, including:

1. “It only applies to children of immigrants” — FALSE. The bill applies to all children.
2. “My child is homeschooled, so we are safe” — FALSE. The law does not distinguish between children who are homeschooled and children who attend public school or private school (or even children who are not in school at all). Any non-parent adult, whether or not he or she is related to a child,  can gain authority over that child for mental health or medical services, regardless of the child’s schooling status. 
3. “Parental notification/consent is required” — FALSE. The affidavit form that self-reported guardians are expected to fill out explicitly states: “Warning to Local Educational Agencies and Health Care Service Providers: A parent’s signature or a seal or signature from a court is not required.”

Proponents argue that the bill eases challenges for families facing deportation or other crises. While helping children in difficult situations is important, there are already legal mechanisms in place, like the California Education Code, EDC § 234.7 (c) If an employee of a school is aware that a pupil’s parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupil’s care in the emergency contact information it has for the pupil to arrange for the pupil’s care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupil’s care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.

While AB 495 has yet to be passed by the California State Senate—in no small part due to the outcry of parents—it is not dead. It is “in suspense,” an opaque process in California by which lawmakers can revive it at any moment. The only way to stop it is relentless pressure from parents. We must keep calling, emailing, and showing up. We are not leaving California. We are staying. We are standing. And we are fighting back.