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AB 1025

Standby Caretaker Act.

2025-2026 Regular Session Introduced by Gail Pellerin

Establishes standby guardianship/caregiver designations that take effect on adverse immigration actions or activating events, with court oversight and school residency recognition.

In committee: Held under submission.
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Bill Summary · AB 1025

AB 1025 — Standby Caretaker Act (Pellerin) — Bill Summary

Status: In committee; held under submission (last action: 2025‑05‑23)
Introduced: 2025‑02‑20

Purpose

AB 1025 establishes two related frameworks to allow custodial parents or legal guardians to pre‑designate trusted adults to care for their minor children in specified emergency or temporary circumstances: (1) a Standby Guardianship mechanism that becomes effective on an adverse immigration action affecting the parent/guardian, and (2) a Standby Caretaker mechanism that becomes effective upon an “activating event” (as defined in the bill). The bill also updates school residency rules to recognize these pre‑designation documents as a sufficient basis for school enrollment.

Key provisions

  • Standby Guardianship

    • Authorizes a custodial parent or legal guardian to designate a standby guardian of the person, the estate, or both for a minor by completing a statutory “Standby Guardian’s Authorization Affidavit.”
    • Allows naming an alternate standby guardian.
    • Designation becomes effective upon the occurrence of an “adverse immigration action” to the custodial parent/guardian (term defined in the bill).
    • Affidavit must follow statutory form and be signed and witnessed under penalty of perjury.

  • Standby Caretaker Act

    • Authorizes a custodial parent to nominate a standby caretaker (and alternate) to assume care upon an “activating event” (term defined in the bill).
    • Requires a statutory nomination form, signed and witnessed under penalty of perjury.
    • Provides for court‑supervised procedures during an activating event and at its conclusion, including hearings.

  • Termination and confidentiality

    • A custodial parent may petition the court to terminate a standby caretaker nomination at any time; the bill imposes a presumption that termination is in the child’s best interest.
    • All related court records and documents are confidential and accessible only to the parties and the court unless a valid court order allows disclosure; parties may share orders appointing or terminating a standby caretaker as necessary.

  • School residency

    • Execution of the statutory Standby Guardian/Standby Caretaker form is made a sufficient basis for a school district residency determination under Education Code §48204, unless the district finds contrary actual facts.

Who would be affected

  • Custodial parents and legal guardians (who can execute the forms and nominate standby caregivers)
  • Designated standby guardians/caretakers and alternates
  • Minors for whom such arrangements are made
  • Superior courts (to conduct hearings and maintain confidential records)
  • School districts (for residency determinations)
  • Local agencies (noted as affected because the bill expands the scope of perjury and creates local responsibilities)

Legal and fiscal notes

  • The bill expands the definition of perjury by making false statements on the statutory forms punishable under perjury law, which the Legislative Counsel’s Digest describes as imposing a state‑mandated local program.
  • The bill states that no state reimbursement to local agencies/school districts is required for the measure for a specified reason (text does not provide the full reason in excerpt).

Legislative status / timeline

  • Introduced 02/20/2025; read first time and printed.
  • Referred to Judiciary Committee; amended and re‑referred several times.
  • Referred to Assembly Appropriations; placed on suspense file; set for hearing and on 05/23/2025 was “held under submission.”

Notes: Several key terms referenced in the bill (for example, “adverse immigration action” and “activating event”) are defined within the bill text but those definitions are not included in the excerpt provided. The bill creates statutory forms and procedural rules that courts and school districts would need to implement if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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