New bill lets extended family care for a child if parents are taken by ICE
By Zoe Hunt
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SALINAS, California (KSBW) — Over the weekend, Gov. Gavin Newsom signed a bill that will allow a broad range of extended family members to become a child’s caregiver if the parents were to be detained by ICE.
“The thought behind it is to offer some protection for the children of parents who may be detained and ultimately deported. You don’t want to leave the kids out there just stranded,” said attorney Blanca Zarazua.
It’s called the Family Preparedness Plan Act.
The bill expands upon the normal definition of a relative who can sign a caregiver affidavit to include anyone related to the child by blood, adoption, or “affinity within the 5th degree of kinship,” that means people such as great aunts, great uncles, and second cousins.
That designated caregiver then has the ability to make school and medical decisions for the child, if the parents are unable to.
“I would encourage parents and those would-be-caregivers to reach some agreement and maybe even document it, so the caregiver has some backup saying, ‘I didn’t just do this on my own,’” said Zarazua.
Local school districts are urging parents to act now.
They suggest you figure out who you trust to be a caregiver, make sure that person is okay with the responsibility, and let your child’s school know.
“We are encouraging our families to come and complete the family care plan, so that we get this information directly from the families,” said Diana Garcia with Alisal Union School District.
“Whatever they share with us that we can offer support and planning for is best, so we can prevent any circumstances where we are not able to help as efficiently,” said Esteban Hernandez with Salinas City Elementary School District.
Alisal Union School District has community centers at each school open to parents, they can go there for help and more information.
“We have a parent education specialist there with a community school coordinator. They are more than willing to support our families in filling out these care plans,” said Garcia.
It is a temporary agreement. The parents can revoke caregiver rights at any time.
Those opposing the bill argue it will endanger children.
Critics are worried that if parents don’t plan ahead, they might already be gone when the care affidavit is signed, and untrustworthy or dangerous people could step into the role.
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