California moves to allow non-related adults to consent to medical care for minors, enroll them in school to support immigrant families

The bill, AB495, passed the Assembly on June 3 in a 62 to 7 vote. It is now in the state Senate, where hearings are set for July 1 and 7. Celeste Rodriguez introduced the legislation in the Assembly.

The bill amends existing law, which allows a caregiver 18 years of age or older who is related to the minor to sign a "caregiver’s authorization affidavit" and enroll the minor in school, as well as consent to medical care. Under the amendment, those persons who are authorized to sign a caregiver’s authorization affidavit are expanded to include a "nonrelative extended family member."

"Nonrelative extended family member" is defined in the legislation as being "any adult caregiver who has an established familial or mentoring relationship with the child or who has an established familial relationship with a relative of the child." Examples include teachers, medical professionals, clergy, neighbors, and family friends.

The amended caregiver’s authorization affidavit includes a section in which a caregiver is required to check a box that states they have either advised the minor’s parent about their intent to authorize medical care, or that "I am 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."

The form allows for medical care provided at schools, such as immunizations and physical examinations, as well as medical care offered outside of schools, such as dental care or mental health treatment.

The bill also amends the current Health and Safety Code to add that licensed child day care facilities, unless as required by state or federal law, "shall not collect information or documents regarding citizenship or immigration status of pupils or their family members."