Plain English Breakdown
The official summary defines 'adverse immigration action' and 'activating event' but does not list specific examples of these events.
Standby Caretaker Act
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 This Bill 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 Names or 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
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.
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.