UPDATE: A groundbreaking new law in California, the Emergency Family Planning Act, is set to revolutionize how immigrant families prepare for potential separation due to deportation. Starting January 1, 2026, this urgent legislation allows parents to designate caregivers for their children, offering critical protection amid rising immigration enforcement actions.
The law, championed by Assemblymember Celeste Rodriguez, aims to provide peace of mind for families facing the threat of detention or deportation. Under this new framework, parents can appoint a caregiver as a “temporary co-guardian” through a streamlined process in probate court, ensuring that their children are cared for in emergencies.
This critical measure comes at a time when many families are increasingly vulnerable. Parents can now officially name a caregiver, which can include a wider range of relatives such as stepparents, grandparents, great-aunts, and even great-great-grandparents. The caregiver must be at least 18 years old and related by blood, adoption, or affinity up to the fifth degree.
Once the caregiver authorization affidavit is completed, the designated individual can enroll the child in school and make essential medical decisions, including vaccinations and mental health treatment. The authority granted to caregivers activates immediately upon signing, providing families with a vital tool for continuity in education and health care.
The law also mandates that licensed childcare centers and state-funded preschool programs cannot collect information about students’ citizenship or immigration status. This provision significantly limits cooperation with Immigration and Customs Enforcement (ICE), protecting children from unnecessary scrutiny and fear.
Jenilee Fermin, legislative director for Rodriguez, emphasized the importance of creating a family preparedness plan. “The family preparedness plan should indicate who the designated caregivers are in the event of a separation,” she stated. This proactive approach allows families to navigate potential crises more effectively.
While the law was primarily driven by concerns over immigration-related separations, it also applies in other circumstances, such as parental illness, military service, or incarceration. The overarching goal is to ensure stability and security for minors, allowing them to thrive despite challenging situations.
As the implementation date approaches, families are encouraged to begin preparing their caregiver plans. This law represents not only a legal change but a significant shift in how California supports its immigrant communities during times of crisis.
Stay tuned as we monitor the rollout of this vital legislation and its impact on families across California.
