AB 1025 California Assembly · 2025-2026 Regular Session

Standby Caretaker Act.

Summary

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 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 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.

Issues: ✓ Healthcare

Bill status failed 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 20, 2025 Last action Feb 2, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

05/01/25 - Amended Assembly → AB1025 · 5 edits

MODERATE

The bill was rebranded from the 'Standby Guardianship Act' to the 'Standby Caretaker Act,' reflecting a significant expansion in scope. The prior version contained two competing drafts of Section 2105.2 - one narrowly focused on adverse immigration actions and another with a broader 'activating event' trigger. The final version consolidates these into a single framework. Terminology shifted from 'guardian' to 'caretaker' throughout, and the nominating party was narrowed from 'custodial parent or legal guardian' to just 'custodial parent.'

SCOPE

The triggering event expanded from only 'adverse immigration action' (arrest, detention, deportation, visa denial, etc.) to a broader 'activating event' that also includes incarceration, physical debilitation, mental incapacity, and military service. This means the standby caretaker mechanism now applies to far more situations beyond just immigration enforcement.

DEFINITION

The bill was renamed from 'Standby Guardianship Act' to 'Standby Caretaker Act.' Key terms changed: 'designated standby guardian' became 'nominated standby caretaker,' and the form changed from 'Standby Guardian's Authorization Affidavit' to 'Standby Caretaker's Authorization form.'

ELIGIBILITY

The person who can nominate a standby caretaker was narrowed from 'custodial parent or legal guardian' to just 'custodial parent.' Legal guardians can no longer use this mechanism to designate a standby caretaker.

REQUIREMENT

A 12-month expiration was added for the Standby Caretaker's Authorization form, meaning the nomination automatically becomes invalid one year after execution and must be renewed.

TECHNICAL

The prior version contained two separate drafts of Section 2105.2 (one immigration-specific, one broader) that have been consolidated into a single section in the final text.

03/17/25 - Amended Assembly → 05/01/25 - Amended Assembly · 7 edits · May 1, 2025

MODERATE

AB 1025 was significantly expanded to add a second, broader mechanism called the Standby Caretaker Act alongside the existing Standby Guardianship Act. While the original bill only addressed situations where a parent faces an adverse immigration action, the new version adds a parallel pathway triggered by any 'activating event' including incarceration, physical or mental incapacity, military service, or immigration actions. The bill's title also drops its explicit reference to immigration, and gender-neutral language replaces several instances of 'he or she' throughout.

SCOPE

A new Standby Caretaker Act was added as a second mechanism in the bill. It allows any custodial parent to nominate a standby caretaker upon the occurrence of an 'activating event,' which is defined broadly to include adverse immigration actions, incarceration (including for pending criminal charges), physical debilitation, mental incapacity, or military service. This makes the bill applicable far beyond just immigration-related separations.

The bill's short title was changed from 'An act relating to immigration' to simply 'An act to amend Section 48204 of the Education Code, and to add Section 2105.2 to the Probate Code, relating to guardianship.' The explicit reference to immigration in the title was removed.

A paragraph stating the Legislature's intent to enact legislation related to immigration and mixed status families was removed, along with a description of existing DSSS grant programs for immigration-related legal services for unaccompanied minors and persons seeking immigration remedies.

DEFINITION

The new Standby Caretaker Act introduces the term 'activating event' as a broader trigger than the 'adverse immigration action' used in the Standby Guardianship Act. The caretaker mechanism uses 'nominate' rather than 'designate' and requires a different statutory form (Standby Caretaker's Authorization form).

REQUIREMENT

The Education Code residency provision (Section 48204) was updated to recognize execution of either a Standby Guardian's Authorization Affidavit OR a Caretaker's Authorization form as a sufficient basis for determining a minor child's school residency.

TECHNICAL

Gender-neutral language changes throughout: 'he or she is they are' changed to 'they are,' and 'his or her their' changed to 'their' in multiple places in the Education Code section.

FISCAL

The fiscal committee vote was changed from 'no' to 'yes,' indicating the bill now passes fiscal review. The state-mandated local program designation was cleaned up to simply 'yes.'

02/20/25 - Introduced → 03/17/25 - Amended Assembly · 8 edits · Mar 17, 2025

MODERATE

AB 1025 was dramatically expanded from a one-section bill expressing legislative intent on immigration and mixed status families into a comprehensive 'Standby Guardianship Act.' The amended version adds a new Probate Code section allowing custodial parents to designate a standby guardian for their minor child that activates upon an adverse immigration action (arrest, detention, deportation, visa denial, etc.), and amends the Education Code to make the resulting affidavit sufficient proof of school residency. This matters because it creates a legal mechanism to protect children in mixed-status families from losing care and school continuity when a parent faces immigration enforcement.

SCOPE

Added new Section 2105.2 to the Probate Code, creating the 'Standby Guardianship Act,' which allows a custodial parent or legal guardian to designate a standby guardian (and alternate) for a minor child via a Standby Guardian's Authorization Affidavit. The designation takes effect only upon an adverse immigration action to the designating parent.

Added amendment to Section 48204 of the Education Code making execution of the Standby Guardian's Authorization Affidavit a sufficient basis for determining school residency of a minor child, without requiring a guardianship or custody order. Also added provisions allowing pupils whose parents are employed within a district boundary (minimum 10 hours per school week) to attend that district's schools.

DEFINITION

Defined 'adverse immigration action' to include arrest or apprehension for federal immigration law violations, detention by DHS or authorized agencies, departure under removal/deportation/voluntary departure orders, denial or revocation of visas or parole documents, denial of admission, and any other proceeding that separates a parent from a minor child.

REQUIREMENT

Established procedural requirements: the affidavit must be signed by both the custodial parent and standby guardian, witnessed by an adult who is not a party, and filed with the court along with a Confidential Guardian Screening Form. Court must hold a provisional appointment hearing within 15 days of filing and a formal appointment hearing within 30 days of provisional appointment.

Included explicit limitations: the standby guardianship does not supersede parental rights of the custodial parent, does not diminish existing child protection laws or the caregiver's authorization affidavit, and does not alone confer jurisdiction to juvenile court under Section 300 of the Welfare and Institutions Code or serve as a basis for adjudging a child dependent.

ELIGIBILITY

Set eligibility limits: designation cannot be made over the objection of a noncustodial parent seeking custody (unless the court finds custody would be detrimental to the child), and cannot be made by one parent alone unless no other person shares custody, the other parent was notified and did not object, or the designating parent is unable to contact the other.

ENFORCEMENT

Provided that persons who rely in good faith on the affidavit to provide medical, dental, or other services are protected from civil or criminal liability and professional disciplinary action. The custodial parent may terminate the standby guardianship at any time by filing a petition under Section 1601, which the court shall grant absent good cause.

FISCAL

Changed the state-mandated local program designation from 'no' to 'yes' and the fiscal committee designation from 'no' to 'yes.' Added Section 3 stating no reimbursement is required under Article XIII B of the California Constitution because the act changes the definition of a crime (perjury) within the meaning of that constitutional provision.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 2, 2026

Lower · Passed

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

lower

May 23, 2025

Lower · Passed

In committee: Held under submission.

lower

May 14, 2025

Committee

In committee: Set, first hearing. Referred to APPR. suspense file.

lower

May 5, 2025

Committee

Re-referred to Com. on APPR.

lower

May 1, 2025

Lower · Passed

Read second time and amended.

lower

Apr 30, 2025

Introduced

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 29).

lower

Mar 18, 2025

Committee

Re-referred to Com. on JUD.

lower

Mar 17, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

lower

Mar 17, 2025

Committee

Referred to Com. on JUD.

lower

Feb 21, 2025

Lower · Passed

From printer. May be heard in committee March 23.

lower

1 primary · 0 co-sponsors