by Jorge Gomez • 4 minutes
If you live in California and have children who attend public schools, you need to be more vigilant than ever. Your rights as a parent, as well as your religious freedom, are under attack.
Right now, the Golden State’s Legislature is considering a bill that would severely undermine parental rights.
Introduced by Assemblywoman Celeste Rodriguez (D–San Fernando), AB 495 is being presented as a measure to protect children whose parents may face detention by federal immigration authorities.
Parental rights advocates, along with faith leaders and organizations, warn that this a dangerous bill that creates a legal loophole to make child kidnapping easier.
The “Family Preparedness Plan Act of 2025” would allow unrelated adults, broadly defined as an “adult caregiver” with a “mentoring relationship,” to assume custody-like control over a child through a simple, one-page affidavit.
By simply checking a box that says the person was “unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization” would allow virtually anyone to make major decision for a child.
“California’s AB 495 is the most dangerous bill we’ve ever seen—and it’s being pushed right now by lawmakers in Sacramento,” said Pastor Jack Hibbs of Calvary Chapel Chino Hills, a congregation of more than 10,000.
“This bill would allow any non-related adult, a neighbor, teacher, ex-relative, or even a complete stranger, to take custody of your child without your knowledge or consent,” he added. “No background check. No court order. No parent’s signature. Just a piece of paper.”
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Pastor Hibbs, hundreds of parents, advocates and other religious leaders held a rally on August 19 at the State Capitol in Sacramento to oppose the bill.
First Liberty was at the rally, emphasizing that parents do not give up their First Amendment rights when they drop off their kids at school.
We explained that parental rights go hand-in-hand with religious liberty. Parents are the ones who decide what’s best for their children, not the state—and that includes the constitutional right to raise them consistent with their religious beliefs.
In addition to First liberty, many legal experts echo the same concerns about the bill.
“California wants to let someone that is not related to your child remove her from school, enroll her in any other school in the state, authorize any medical treatment of her, including mental health services and drugs, without the parents’ notice and knowledge or consent,” according to attorney Nicole Pearson, founder of Facts Law Truth Justice, who testified before the State Senate
“This is not fear-mongering. I’m not being hyperbolic,” Pearson continued. “These unintended consequences are terrifying, and they are unavoidable.”
“The nation will be watching in horror as California advances a law that would permit schools to hand children over—be they vulnerable immigrants or otherwise—into the arms of strangers, casting parents aside,” said attorney Erin Friday, president of Our Duty.
“AB 495’s complete lack of any meaningful guardrails protecting parental rights or vulnerable children is both bad public policy and is blatantly unconstitutional,” explains attorney Dean Broyles, president of the National Center for Law and Policy.
“We urge you to vote ‘NO’ on AB 495 to preserve the integrity of the family unit and uphold the enduring legal principle that parents, not the state, have the primary responsibility and authority to raise their children,” wrote Julianne Fleischer, attorney at Advocates for Faith and Freedom, in a letter to state lawmakers.
Fighting for Religious Families and Parental Rights in California
Right now, First Liberty is fighting two major federal court cases to stop California’s attacks on religious families. They underscore the right of parents to direct their children’s upbringing and education.
Our Encinas case involves two families who were told by a school district they could not opt their children out of books promoting radical gender ideology.
The parents we represent have a deeply held conviction to raise their children consistent with their religious beliefs. They approached the Encinitas Union School District and asked for notification when sensitive topics would be read in school and to allow their children to opt out of future participation. But those requests were denied.
First Liberty and the National Center for Law & Policy sued the school district in federal court, arguing that it must stop its unlawful behavior and protect the religious liberty of every student by granting parents the ability to opt their children out.
We secured an important first victory in May. A federal judge ruled that the school district must provide notice and opt-outs to parents and students, at least while the case proceeds in court.
But this battle is far from over. The school district appealed the decision favoring our clients. Instead of recognizing and respecting the religious liberty of the families, state officials prefer to continue fighting and dragging this battle on in court.
We’re also fighting for the Woolard, Gonzales and Dodson families. All are devout Christians raising school-age children and whose Christian faith is central to their identity and worldview. The state, however, is discriminating against them simply for choosing a religious education.
Our clients educate their children at home with the help of online charter schools. California offers a program in which families can access public funds to choose homeschool curriculum, other instructional materials, and extracurricular activities for their children. But the state says parents are not allowed to purchase curriculum or school materials if they are religious.
Additionally, the schools refuse to issue credit for coursework that originates from a religious curriculum, a religious publisher, or that reflects a religious perspective.
We filed a federal lawsuit against the California Department of Education, arguing that the government is treating religious families more harshly than everyone else, which is unconstitutional.
These families are just like yours. Just like mine. They simply want what’s best for their kids. But the state keeps getting in their way and mistreating them.
We need your help to win this case. This wouldn’t just be a victory for three families in California. It would be a WIN FOR YOU. For your family and millions of families and religious schools across America.
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