The state's so-called Family Preparedness Plan Act (AB 495), signed into law last month, was originally billed as a way to make sure children in the state's public schools are cared for in the event their parents are suddenly taken into custody or deported.
But as the Pacific Justice Institute (PJI) and others have pointed out, the measure creates gray areas about who is allowed to check kids out of school, making them vulnerable to being kidnapped by a non-relative.
"This is outrageous legislation that allows people who may be strangers to take a child with an affidavit that's not even required to be signed by a court clerk or for a judge," explains PJI President Brad Dacus. "It makes it very easy for children to be victimized and taken."
Under California law, he says parents maintain full authority to direct the care and custody of their children, so his organization has responded to the parental rights concerns this "horrific legislation" presents with a preventive measure, a parental notice of non-authorization of removal of child by non-emergency contact.
"It's a lot of words," Dacus notes, "but bottom line is it's just a form that parents can download from our website that puts the school district on notice that they cannot give a child to a stranger. The staff are formally reminded students are never to be released to people like that."
PJI, which has long positioned itself as a defender of parental rights, routinely provides legal guidance, resources, and customized forms to help families navigate public school policies and safeguard their children.
It has created and made available similar opt-out forms to give parents in all 50 states the maximum protection for their children who are still enrolled in public education.
