# AB 495 Family Preparedness Plan Act: Guidance and Model Policies for Child Care Hosted by: CDSS Community Care Licensing (https://www.cdss.ca.gov/inforesources/child-care-licensing) Presented by: CA Attorney General's Office Content by: California Attorney General's Office, presented on a CDSS webinar (CDSS did not prepare or endorse it) Date: 2026-05-18 Web page: https://childcare.support/t/ab495-2026-05-18/ ## What it is The California Attorney General's Office explains AB 495 and its model policies for licensed child care and state preschools: immigration status information, immigration enforcement requests, and emergency contacts. A general overview, not legal advice; CDSS did not prepare or endorse it. ## 3 things to know - Licensed child daycare facilities and license-exempt state preschools may not collect citizenship or immigration status information or documents about children or their families, with exceptions. The slides' best practices also say not to collect Social Security numbers. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=9] - Licensed child daycare facilities must report any request for information or access related to immigration enforcement, online through the Attorney General's reporting page. It is optional for license-exempt state preschools. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=13] - If a parent is detained or deported, release the child to a safe adult using emergency contact information. Ask families to review and update their contacts. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=15; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=16] ## What to do - State preschools (CSPPs): you should have adopted the Attorney General's model policies (or equivalent policies) by July 1, 2026. If this is not done yet, it is still required. CSPPs must also adopt any revisions the Attorney General issues. (deadline: July 1, 2026 (passed)) [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=6; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=17] - All ECE and licensed child care providers: review your own policies and anything you give parents or authorized representatives. Revise anything that conflicts with the model policies. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=6; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=17] - Tell families where to find the Attorney General's model policies. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=17; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=18] - Licensed child daycare facilities: report any request for information or access to your facility related to immigration enforcement. Submit the report online on the Attorney General's reporting page; you can download it there to help with reporting to CDSS and CDE. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=13] - If it is an unusual incident that threatens the physical or emotional health or safety of any child, licensed facilities must also report to CDSS and the child's authorized representative as CDSS regulations specify. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=13] - Licensed child daycare facilities and license-exempt CSPPs: do not collect information or documents about citizenship or immigration status, except where an exception applies. The slides' best practices also say not to collect full or partial Social Security numbers. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=9] - Ask families to review and update their emergency contact information as needed. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=15; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=16] ## What's new - AB 495 adds Health & Safety Code section 1597.640. Licensed child daycare facilities and license-exempt state preschools (CSPPs) may not collect information or documents about the citizenship or immigration status of children or their family members, with exceptions. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] - Licensed child daycare facilities must now report any request for information or access to the facility related to immigration enforcement. Reporting is optional for license-exempt CSPPs. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=13] - The Attorney General's Office was required to issue model policies by April 1, 2026. CSPPs had to adopt them (or equivalent policies) by July 1, 2026. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5; ✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=6] - AB 495 amends Family Code section 6550, broadening the ability to make plans if a parent is unavailable. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] - AB 495 amends Education Code section 234.7: with specified exceptions, K-12 local educational agencies (LEAs) may not allow voluntary access to nonpublic areas of school sites for immigration enforcement. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] ## About this presentation - The California Department of Justice, Office of the Attorney General, prepared this presentation as a general overview for information only. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=2] - It is not all-inclusive, is not legal services, and attending does not create an attorney-client relationship. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=2] - CDSS did not prepare or endorse the Attorney General's information, and it does not change any child care licensing laws. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=2] ## What AB 495 does - The guidance and model policies are issued under the Family Preparedness Plan Act of 2025 (AB 495). [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=3] - Adds Health & Safety Code section 1597.640, which bars licensed child daycare facilities and license-exempt CSPPs from collecting citizenship or immigration status information or documents about children or their family members, with exceptions. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] - Requires reporting of requests for information or access to facilities for immigration enforcement purposes, and includes emergency contact information requirements. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] - Required the Attorney General's Office to issue model policies by April 1, 2026. CSPPs had to adopt the model policies or equivalent policies by July 1, 2026 (now past). [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] - Amends Family Code section 6550 to broaden the ability to make plans if a parent is unavailable. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] - Amends Education Code section 234.7: with specified exceptions, K-12 local educational agencies may not allow voluntary access to nonpublic areas of school sites for immigration enforcement. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=5] ## Who the guidance applies to and what is in it - AB 495 applies to "ECE and Child Care Providers": licensed child daycare facilities and California State Preschool facilities. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=6] - All CSPPs had to adopt the model policies (or equivalent) by July 1, 2026 (now past). All ECE and child care providers must make sure no policies given to parents or authorized representatives conflict with them. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=6] - The guidance has five chapters: gathering and handling information; sharing information; requests for access for immigration enforcement; detention or deportation of a child's family member; and updating policies over time. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=7] - Appendices: A, a model policy template; B to G, examples of warrants, subpoenas and other enforcement documents; H, an overview of federal and state confidentiality laws; I, a Know Your Rights guide for families; J, a quick-reference best practice checklist; K, a new rules chart; L, resources. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=8] - The session summary says Appendix J has three step-by-step checklists: responding to immigration enforcement, handling a family member's detention or deportation, and making facilities safe. [from an attendee's AI summary; not on the official slides] - The session summary says the guidance was only in English at the time, with translations in process. [from an attendee's AI summary; not on the official slides] ## Gathering and handling child and family information - Best practices on the slides: do not discriminate based on citizenship, immigration status, national origin, race, or other protected characteristic, and decide how to handle sensitive student information. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=9] - Do not ask about citizenship or immigration status, unless required by state or federal law or to administer a state or federally funded educational program. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=9] - Do not collect unnecessary information, and give families options to prove eligibility. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=9] - Do not collect full or partial Social Security numbers. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=9] - Do not keep records longer than required by law. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=9] ## Sharing information about children, families and staff - Appendix H has a chart of which confidentiality laws apply, depending on the type of provider. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=10] - Facilities operated by LEAs may not disclose a child's education records or personal information about the family and household (including travel schedule), to the extent practicable, without written parent/guardian consent, unless presented with a valid judicial warrant, judicial subpoena, or court order. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=10] - Providers that receive U.S. Department of Education funds should attempt to notify parents/guardians before complying with a request to see children's education records. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=10] - Best practices: designate an administrator to handle requests for information, and notify parents/guardians if immigration enforcement agents ask about their child. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=11] - The Attorney General's slides say you do not have to answer a request for information right away unless it comes through a valid judicial warrant, judicial subpoena, or court order that says in writing you must comply immediately. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=11] - Programs operated by an LEA have additional rules to review. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=11] ## Requests to enter a facility for immigration enforcement - Whether an area has a reasonable expectation of privacy depends on its openness, security, and use. The guidance separates public from nonpublic space. Additional laws apply to programs run by an LEA or a college or university. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=12] - The slides list exceptions to Fourth Amendment protections (exigent circumstances and plain view), the Immigrant Worker Protection Act, and warrants, subpoenas and court orders. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=12] - Licensed child daycare facilities must report any request for information or access to the facility related to immigration enforcement. Reporting is optional for license-exempt CSPPs. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=13] - Submit the report online. From the Attorney General's reporting page you can download your report to help with reporting to CDSS and CDE. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=13] - If it is an "unusual incident... that threatens the physical or emotional health or safety of any child", licensed facilities must report to CDSS and the child's authorized representative as CDSS regulations specify. LEA-run programs must submit timely reports to their governing body. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=13] - Best practices: label public and nonpublic areas; set a procedure for monitoring and receiving visitors; plan how to respond if agents come; know the difference between ICE administrative warrants and judicial warrants. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=14] - The session summary adds: visitor procedures should apply equally to all visitors, and visitor policies should be posted near entrances. [from an attendee's AI summary; not on the official slides] ## If a child's family member is detained or deported - Providers must rely on emergency contact information to release the child to a safe adult, and must ask families to review and update it as needed. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=15] - LEAs may not contact child protective services because a caretaker is absent unless substitute care cannot be arranged. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=15] - The Caregiver's Authorization Affidavit can be used to enroll a child in school, including a CSPP, and can set up a caregiving relationship before ECE or child care enrollment. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=15] - Best practices: ask families to update emergency contacts regularly; help families make a family safety plan; use the Caregiver's Authorization Affidavit; tell families how you are keeping them safe; share resources such as the ICE Detainee Locator, legal assistance, and Appendix L. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=16] - The session summary says links to example family safety plans are on page 33 of the guidance. [from an attendee's AI summary; not on the official slides] ## Updating policies over time - CSPPs must adopt the model policies and any revisions the Attorney General issues. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=17] - All ECE and licensed child care providers must review their own policies for conflicts with the model policies, and revise anything given to parents or authorized representatives that conflicts. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=17] - Providers must tell families where to find the model policies. Programs run by LEAs or colleges and universities have additional requirements. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=17] - Best practices: review the model policies every year and update yours; conduct practice drills; make sure families know how to access the model policies; give families the Attorney General's immigration webpage during enrollment. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=18] - The session summary also suggests giving families the Know Your Rights guide (Appendix I). [from an attendee's AI summary; not on the official slides] ## Where to find the model policies - Model policies are at the end of each chapter of the guidance and collected in Appendix A, Part One. Part Two has optional best practices. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=19] ## When to consult an attorney - Each situation is fact specific and the guidance cannot cover every situation. Consult legal counsel, if feasible, on how to respond in specific circumstances. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=20] - Examples: if you are given warrants, subpoenas, or requests for someone's personal information, and questions about public vs. nonpublic areas under state law. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=20] - Appendix L lists resources. [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=20] - The session summary says the Attorney General's Office cannot give individual providers direct legal advice, and some questions may be better for the Department of Social Services or other attorney resources. [from an attendee's AI summary; not on the official slides] ## Upcoming webinars and contacts - 2026 Child Care Provider Webinars are on Tuesdays, 6:00 to 7:30 p.m.: June 23, September 22 and December 8. Registration is announced through Provider Information Notices (PINs). [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=21] - Sign up with CDSS to receive licensing updates (PINs). [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=22] - The session summary says the recording and slide deck would be posted on the department website. [from an attendee's AI summary; not on the official slides] - Questions: your Child Care Licensing Regional Office; the Child Care Advocate Program (ChildCareAdvocatesProgram@dss.ca.gov); the California Department of Education (EEDTitle5@cde.ca.gov); the Office of the Attorney General (BCJ@doj.ca.gov). [✓ official source: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf#page=23] ## Sources - Official slides (English), by the CA Attorney General's Office, posted by CDSS: https://www.cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026%20PP%20deck_Final_Translation.pdf - Official slides in Chinese (Traditional): https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495_May%202026_Chinese.pdf - Official slides in Spanish: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/AB%20495%20May%202026_Spanish.pdf - Attendee's Zoom AI summary (no transcript): attendee notes (not public) Independent notes, not an official record of any agency, host or presenter. Check official sources before acting.