Official Summary Text
AB 1025, as amended, Pellerin.
Standby
guardianship of minors.
Caretaker Act.
Under existing law, the guardian or conservator of a minor has specified powers over the care, custody, and control of the minor. Existing law authorizes a caregiver, who properly completes and signs a caregiver’s authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the minor in school and consenting to school-related medical care on behalf of the minor.
This bill, the Standby Guardianship Act, would authorize, if specified conditions are met, a custodial parent or legal guardian of a minor child to designate a person to serve as a standby guardian of the person, the estate, or both of the minor child by completing a Standby Guardian’s Authorization Affidavit. The bill would authorize a custodial parent or legal
guardian to also specify a person to serve as alternate standby guardian in case the originally designated standby guardian is or becomes unwilling or unable to act as standby guardian. The bill would require the designation of a standby guardian to take effect upon the occurrence of an adverse immigration action, as defined, to the custodial parent or legal guardian. The bill would prescribe the requirements for the designation of a standby guardian, including a statutory form for the Standby Guardian’s Authorization Affidavit that would be signed and witnessed under penalty of perjury, and prescribe the actions to be taken in the event of an adverse immigration action. By expanding the definition of the crime of perjury, the bill would impose a state-mandated local program.
This bill, the Standby Caretaker Act, would authorize, if specified conditions are met, a
custodial parent of a minor child to nominate a person to serve as a standby caretaker of a minor child upon the occurrence of an activating event, as defined. The bill would prescribe the requirements for the nomination of a standby caretaker or alternate standby caretaker, including a required statutory form that would be signed and witnessed under penalty of perjury. By expanding the definition of the crime of perjury, the bill would impose a state-mandated local program.
This bill would prescribe the actions to be taken in the event of an activating event and at the conclusion of an activating event, including hearings to be conducted by the court. The bill would authorize a custodial parent to file a petition to terminate a standby caretaker nomination at any time and would impose a presumption that such a request is in the child’s best interest. The bill
would require all related court records and documents to be kept confidential and accessible only to the parties to the proceeding and the court absent a valid court order, but would allow parties to the proceeding to share any court order appointing the standby caretaker or terminating the standby caretaker’s rights as necessary.
Existing law provides that a pupil complies with the residency requirements for school attendance in a school district when, among other things, the pupil resides with a caregiving adult who is located within the boundaries of that school district. Under existing law, it is a sufficient basis for a determination of residency if the caregiving adult has submitted an affidavit, as specified, under penalty of perjury, unless the school district determines from actual facts that the pupil is not living in the home of the caregiving adult.
This bill would also make execution
of the Standby
Guardian’s Authorization Affidavit
Caretaker’s Authorization form
a sufficient basis for a determination of residency of a minor child under these provisions, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.