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AB-1025

Standby Caretaker Act

Last scannedAug 24, 2026, 7:05 AM

In one sentence

This law allows custodial parents to name a standby caretaker or guardian who can care for their child if an activating event, such as an adverse immigration action, occurs.

What it does

  • Allows a custodial parent or legal guardian to designate a person as a standby guardian of the minor's person, estate, or both by signing and witnessing a special form under penalty of perjury.
  • Lets parents choose an alternate standby guardian in case the first choice cannot serve.
  • Requires the standby guardianship to start when an adverse immigration action happens to the parent or legal guardian.
  • Allows a custodial parent to nominate a person as a standby caretaker upon the occurrence of an activating event, using a required statutory form signed and witnessed under penalty of perjury.
  • Lets parents choose an alternate standby caretaker in case the first choice cannot serve.
  • Requires courts to hold hearings during or after the time the standby arrangement is active.
  • Allows parents to file a petition at any time to end a standby caretaker nomination, with a rule that this request is presumed to be in the child's best interest.
  • Makes signing the Standby Caretaker Authorization form enough proof for school residency requirements so the child can stay in their current district.

Who it affects

  • Custodial parents and legal guardians of minor children
  • People named to serve as standby guardians or caretakers
  • Courts that handle hearings about these care arrangements
  • School districts that check student residency requirements

Limits and unknowns

  • The exact list of events that count as an 'activating event' is defined by law but not fully detailed here.
  • This bill states no state reimbursement is required for local costs, citing a specified reason without explaining the details.

Plain language

Terms to know

Standby Guardian
A person chosen to take legal control of a child's care and money if the parent cannot do so.
Adverse Immigration Action
An event related to immigration that stops a parent from caring for their child, as defined by this law.
Activating Event
A specific situation that starts the standby caretaker's role in looking after the child.

Official record

Sources

Source attached

Official summary

Standby Caretaker Act.

Official activity

Bill history

  1. Assembly - Died - Appropriations