AB1025 - Standby Caretaker Act.

Amended IN Assembly May 01, 2025 Amended IN Assembly March 17, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1025 Introduced by Assembly Member Pellerin February 20, 2025 An act to amend Section 48204 of the Education Code, and to add Section 2105.2 to the Probate Code, relating to guardianship. LEGISLATIVE COUNSEL'S DIGEST AB 1025, as amended, Pellerin. Standby guardianship of minors. Caretaker Act. Under existing law, the guardian or conservator of a minor has specified powers over the care, custody, and control of the minor. Existing law authorizes a caregiver, who properly completes and signs a caregiver’s authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the minor in school and consenting to school-related medical care on behalf of the minor. This bill, the Standby Guardianship Act, would authorize, if specified conditions are met, a custodial parent or legal guardian of a minor child to designate a person to serve as a standby guardian of the person, the estate, or both of the minor child by completing a Standby Guardian’s Authorization Affidavit. The bill would authorize a custodial parent or legal guardian to also specify a person to serve as alternate standby guardian in case the originally designated standby guardian is or becomes unwilling or unable to act as standby guardian. The bill would require the designation of a standby guardian to take effect upon the occurrence of an adverse immigration action, as defined, to the custodial parent or legal guardian. The bill would prescribe the requirements for the designation of a standby guardian, including a statutory form for the Standby Guardian’s Authorization Affidavit that would be signed and witnessed under penalty of perjury, and prescribe the actions to be taken in the event of an adverse immigration action. By expanding the definition of the crime of perjury, the bill would impose a state-mandated local program. This bill, the Standby Caretaker Act, would authorize, if specified conditions are met, a custodial parent of a minor child to nominate a person to serve as a standby caretaker of a minor child upon the occurrence of an activating event, as defined. The bill would prescribe the requirements for the nomination of a standby caretaker or alternate standby caretaker, including a required statutory form that would be signed and witnessed under penalty of perjury. By expanding the definition of the crime of perjury, the bill would impose a state-mandated local program. This bill would prescribe the actions to be taken in the event of an activating event and at the conclusion of an activating event, including hearings to be conducted by the court. The bill would authorize a custodial parent to file a petition to terminate a standby caretaker nomination at any time and would impose a presumption that such a request is in the child’s best interest. The bill would require all related court records and documents to be kept confidential and accessible only to the parties to the proceeding and the court absent a valid court order, but would allow parties to the proceeding to share any court order appointing the standby caretaker or terminating the standby caretaker’s rights as necessary. Existing law provides that a pupil complies with the residency requirements for school attendance in a school district when, among other things, the pupil resides with a caregiving adult who is located within the boundaries of that school district. Under existing law, it is a sufficient basis for a determination of residency if the caregiving adult has submitted an affidavit, as specified, under penalty of perjury, unless the school district determines from actual facts that the pupil is not living in the home of the caregiving adult. This bill would also make execution of the Standby Guardian’s Authorization Affidavit Caretaker’s Authorization form a sufficient basis for a determination of residency of a minor child under these provisions, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 48204 of the Education Code is amended to read: 48204. (a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district if they are any of the following: (1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children’s institution or a licensed foster home as defined in Section 56155.5, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law. (2) A pupil who is a foster child who remains in their school of origin pursuant to subdivisions (f) and (g) of Section 48853.5. (3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26. (4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. (5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult, or pursuant to Section 2105.2 of the Probate Code by a standby guardian, caretaker, is a sufficient basis for a determination that the pupil lives in the home of the caregiving adult unless the school district determines from actual facts that the pupil is not living in the home of the caregiving adult. (6) A pupil residing in a state hospital located within the boundaries of that school district. (7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of their employment within the boundaries of the school district for a minimum of three days during the school week. (b) (1) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. (2) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. (3) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. (4) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. (5) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (2), (3), or (4) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made. (6) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607. (7) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts: (A) For a school district with an average daily attendance for that fiscal year of less than 501 pupils, 5 percent of the average daily attendance of the school district. (B) For a school district with an average daily attendance for that fiscal year of 501 pupils or more, but less than 2,501 pupils, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater. (C) For a school district with an average daily attendance of 2,501 pupils or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater. (8) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (2) to (7), inclusive. SEC. 2. Section 2105.2 is added to the Probate Code , to read: 2105.2. (a) This section shall be known, and may be cited, as the Standby Guardianship Act. (b) For purposes of this section, the following terms have the following meanings: (1) “Adverse immigration action” means any of the following: (A) Arrest or apprehension by a law enforcement officer for an alleged violation of federal immigration law. (B) Detention or custody by the United States Department of Homeland Security or a federal, state, or local agency authorized or acting on behalf of the United States Department of Homeland Security. (C) Departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal, or a stipulation of voluntary departure. (D) The denial, revocation, or delay of the issuance of a visa or transportation letter by the United States Department of State. (E) The denial, revocation, or delay of the issuance of a parole document or reentry permit by the United States Department of Homeland Security. (F) The denial of admission or entry into the United States by the Department of Homeland Security. (G) Any other immigration proceeding or enforcement action that separates a custodial parent or legal guardian from a minor child. (2) “Standby guardian” means a person specified by a Standby Guardian’s Authorization Affidavit to have the care, custody, and control of, and to have charge of the education of, the minor child named in the affidavit. (3) “Designated standby guardian” means a standby guardian whose designation has taken effect upon the occurrence of an adverse immigration action to the custodial parent or legal guardian who executed the Standby Guardian’s Authorization Affidavit. (4) “Appointed standby guardian” means a designated standby guardian appointed by the court to have the care, custody, and control of, and to have charge of the education of, the minor child identified in the designating Standby Guardian’s Authorization Affidavit. (c) The provisions of this division shall apply to a standby guardian except as otherwise provided in this section. (d) A custodial parent or legal guardian of a minor child may, by a Standby Guardian’s Authorization Affidavit, specify a person to serve as standby guardian of the person, the estate, or both the person and the estate of the minor child. A custodial parent or legal guardian of a minor child may, in the same writing, specify a person to serve as alternate standby guardian in case the originally designated standby guardian is or becomes unwilling or unable to act as standby guardian. The designation shall take effect upon the occurrence of an adverse immigration action to the custodial parent or legal guardian who executed the affidavit. A designated standby guardian, once appointed by the court, shall have the duties and powers of a guardian under Section 2351, for the duration of the adverse immigration action and attendant circumstances that require the standby guardian to act. (e) The Standby Guardian’s Authorization Affidavit is valid if the following requirements are satisfied: (1) The signatures of the custodial parent or legal guardian and the standby guardian are acknowledged before a witness who is neither the custodial parent or legal guardian, the standby guardian, nor the alternate standby guardian, and who is 18 years of age or older. (2) The standby guardian is 18 years of age or older. (3) The affidavit is substantially in the following form: Standby Guardian’s Authorization Affidavit Use of this affidavit is authorized by Section 2105.2 of the California Probate Code. Instructions: Custodial parent/legal guardian shall complete this form to designate a standby guardian and, if applicable, an alternate standby guardian, to assume the care, custody, and control of, and to have charge of the education of, a minor child when the custodial parent or legal guardian is subject to an adverse immigration action, as defined by paragraph (1) of subdivision (b) of Section 2105.2 of the Probate Code. Print clearly. 1. Name of the minor: 2. Minor’s date of birth: 3. Name of the designating custodial parent or guardian: 4. Home address of the designating custodial parent or guardian: 5. Name of the designated standby guardian: 6. Address of the designated standby guardian: 7. Date of birth of the designated standby guardian: 8. Name of the alternate standby guardian: 9. Address of the alternate standby guardian: 10. Date of birth of the alt [Text truncated for display. Full text available on Congress.gov.]