California Bill Under Fire for Raising Fears of Legalized Kidnapping

Kidnapping, Unsplash

What AB 495 Would Do 

A bill going before the California legislature, if passed, would extend the definition of caregivers to include “nonrelative” members. While the measure is being promoted as a way to help illegal aliens with their children in school, opponents warn that the bill effectively legalizes kidnapping. 

HSLDA’s Four Key Concerns 

The Home School Legal Defense Association (HSLDA), a conservative organization known for supporting homeschoolers and families, summarized the bill this way:

“AB 495 is being promoted as a compassionate fix for families in crisis when a parent is detained or deported. But the bill’s text doesn’t limit its use to immigration-related emergencies, it could apply in any situation that meets its broad definitions.” 

HSLDA highlighted four major concerns with the bill: 

• It expands who can claim parental authority to distant relatives (up to the fifth degree) and even non-relatives with a “mentoring” or “familial link.” 

• It leaves “unable to contact” undefined, meaning even brief delays could strip parents of decision-making authority over their child’s education and medical care. 

• It requires no proof that the parent entrusted the child to the caregiver. 

• It builds on a constitutionally shaky 1994 law without fixing its flaws. 

Critics warn that these provisions could create chaos for both schools and families. By stretching the definition of a caregiver so far, the law risks giving authority to people with little to no established trust with the child or their parents. Even the undefined phrase “unable to contact” could open the door for abuse—how long must a parent be unreachable before their rights are bypassed? Taken together, these loopholes raise fears that the bill, rather than protecting children, could expose them to even greater danger. 

How an Affidavit Could Be Misused 

Critics argue that under this bill, if someone showed up at a school and signed an affidavit claiming to be a child’s guardian, the school could simply accept it, allowing the individual to leave with the child without verification. This same concern has been expressed for years at voting booths, where an individual can claim he or she lives in the area by signing an affidavit, votes, and leaves, never to return. 

Growing Backlash from Faith and Advocacy Leaders 

Pastor Jack Hibbs of Calvary Chapel Chino Hills expressed grave concern, calling AB 495 “the most dangerous bill we’ve ever seen.” 

🚨 URGENT ACTION NEEDED🚨 SHARE SHARE SHARE! Watch this urgent message and share it before it’s too late.

California’s AB 495 is the most dangerous bill we’ve ever seen—and it’s being pushed right now by lawmakers in Sacramento.

This bill would allow any non-related adult, a… pic.twitter.com/fe3ne2joMt

— Jack Hibbs (@RealJackHibbs) August 12, 2025

Tara Thornton, a human and civil rights advocate, echoed the warning, describing AB 495 as “a nightmare bill that functionally legalizes child trafficking & kidnapping by allowing any ‘non-family member adult’ to use a simple one-page Caregiver Authorization Affidavit to get guardianship—physical custody & control of educational & medical decisions.” 

<blockquote class=”twitter-tweet”><p lang=”en” dir=”ltr”>California AB495 is a nightmare bill that functionally legalizes child trafficking &amp; kidnapping by allowing any “non-family member adult” to use a simple one page Caregiver Authorization Affidavit to get guardianship – physical custody &amp; control of educational &amp; medical decisions… <a href=”https://t.co/AmtsAtWFEy”>pic.twitter.com/AmtsAtWFEy</a></p>&mdash; Tara Thornton (@PioneerMama) <a href=”https://twitter.com/PioneerMama/status/1951428851772563500?ref_src=twsrc%5Etfw”>August 1, 2025</a></blockquote> <script async src=”https://platform.twitter.com/widgets.js” charset=”utf-8″></script> 

Supporters’ Rationale (Official Summary) 

Supporters of the bill, however, defend its purpose. According to the official summary from California Legislative Information:

“This bill, the Family Preparedness Plan Act of 2025, would expand the type of person who is authorized to execute a caregiver’s authorization affidavit to include a ‘nonrelative extended family member,’ as defined, and grant them the same rights to authorize school-related medical care, as defined, for the minor that are given to guardians, as specified.” 

California’s reputation for creating laws that prioritize illegal aliens is no secret, but critics say introducing legislation with such obvious loopholes raises alarming questions. 

Political Reaction and Broader Fears 

California State Representative Carl DeMaio told Fox News that the bill’s author “does not define the bill just for undocumented children, this is for all children in the state of California. And third, in her bill, she gives widespread powers to individuals who claim custody of these children.” 

With California’s track record, many voters fear the state is intentionally opening the door for child exploitation and sex trafficking. 

Why It Matters for Families and Churches 

For the church, this issue is especially serious. Sex trafficking is already at dangerously high levels, and laws like AB 495 only risk making the problem worse. If you live and vote in California, now is the time to act: contact your state representative and state senator and demand they oppose this legislation. 

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