A new piece of legislation in Gavin Newsom’s California could make it easier for children to be kidnapped because of proposed changes to who can claim legal guardianship of a child if their biological parents are not present, leading a parental rights group to warn that the new bill is a form of “madness” that will endanger children and enable predators.
For background, as of July 2025, California lawmakers are in the process of reviewing Assembly Bill 495, a piece of state legislation created to expand the criteria for being a child’s legal guardian. The bill, introduced by Assemblywoman Celeste Rodriguez (D-San Fernando), is intended to be a response to the “unique challenges faced by immigrant families” in response to President Trump’s crackdown on illegal immigration.
Moreover, the bill, introduced on February 10, 2025, authorizes any court in the state of California “to appoint a custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor,” with lawmakers specifying that the bill is intended for circumstances “including, among other things, an immigration-related administrative action.”
Defending the bill in a press release issued on February 10, Assemblywoman Rodriguez said, “The threats from the federal administration have led to fear in many communities, including mine,” adding, “We must do everything we can to safeguard families from separation and ensure children are supported. AB 495 is a critical tool that will preserve California’s families.”
However, the proposed legislation has faced backlash from family advocacy groups, including the California Family Council (CFC). Speaking to The Christian Post, CFC Vice President Greg Burt made the case that the bill is a example of “compassion without guardrails,” which he argued, “is not mercy, it is madness.” Furthermore, Burt said, “The notion that compassion must come at the expense of parental rights and child safety is a false dichotomy.”
Moreover, in a press release issued on July 23, 2025, the CFC argued that while the bill “claims to provide compassionate solutions for immigrant families facing sudden separations due to detention or deportation,” it instead “dangerously redefines guardianship, strips away parental rights, and creates legal loopholes that make kidnapping children easy.”
Additionally, the CFC published a statement from Erin Friday, a parental rights attorney, who said that the bill is “a child trafficker’s and kidnapper’s dream bill.” Friday added, “There is no background check, no welfare check, no court oversight, and no verification. All you need is a piece of paper and some form of identification, with no obligation for the adult handing the child over to verify the identification, and presto, someone walks away with your child.”
Continuing, Friday described the bill as “a legal pathway for predators to operate in plain sight,” adding, “This bill is not about immigration. It’s about relinquishing parental rights to unvetted strangers under the guise of compassion.” Another parental rights advocate, Nicole Pearson, stated in the CFC’s release, “This is not fear-mongering. I’m not being hyperbolic. These unintended consequences are terrifying, and they are unavoidable.”
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