There’s a new California law for families separated by ICE. Fresnoland breaks down what you need to know

What happens to children in Fresno County if a parent is detained?

According to immigration organization officials Fresnoland spoke with, the answer to that question depends on the situation, whether that child is a U.S. citizen, if the parents have a family preparedness plan in place, or whether immigration officials have detained the child.   

Kim Smith, deputy director of child welfare at Fresno County Department of Social Services, said that her department gets involved only if someone calls the child protection services’ hotline. Then, a social worker will assess the situation and follow a parent’s family plan, if that exists. 

• If a family plan exists (e.g., care by an aunt, uncle, or family friend), the social worker ensures the plan is followed.
• If no trusted adult is available, the child may be placed in approved home care through California’s Resource Family Approval Program. 
• Social workers, Smith said, often refer families to Neighborhood Resource Centers, the county’s resource for child abuse prevention for help developing or carrying out care plans. The county contracts with 13 Neighborhood Resource Centers, including Central La Familia Advocacy Services, which provides immigration-related support and other community programs free of charge. 
• Other programs like Safe Families for Children, home visitation networks, and local advocacy organizations help maintain stability for children during these transitions.

“Keeping a kid connected to community, school, and family helps with their mental wellness,” Smith said. “Our number one goal is to prevent children from entering care whenever possible and to maintain family connections.”

If Fresno County Social Services is not involved, national and local organizations like Kids in Need of Defense (KIND) assist children apprehended by federal immigration authorities. Once detained, these children are designated “unaccompanied minors,” a status that triggers a specific federal process.

“We used to see kids coming from the border into federal custody and then living with families while they went through the process,” Jennifer Podkul, chief of global policy and advocacy of KIND said. “Now we’re seeing kids who are already living with their families being re-detained, put back into federal custody and not being let out until they’re deported.”

What does guardianship look like for children? Are there different options?

Experts pointed to two types of guardianship that allow parents to take legal steps to ensure another adult can make decisions for their child:

Temporary Guardianship:

• This form, the Petition for Appointment of Temporary Guardian of the Person (GC-110(P)), would grant a caregiver legal responsibility to care for a child up to 30 days and can be extended for another 30. 
• It is not intended for long-term care and must be converted to a general guardianship if longer care is needed. 
• Must be approved through family court.
• The caregiver can make medical and educational decisions, access health records and provide housing, food and care. It does not terminate parental rights.
• The process can take several months, so families are encouraged to file paperwork in advance.

Caregiver Authorization Affidavit:

• This form, the Caregiver’s Authorization Affidavit, allows a caregiver, whether related to the child or not, to enroll a child in public school. 
• The Caregiver Affidavit can be used by both relatives and non-relatives, but relatives have more authority under the form than non-relatives do.
• Qualified caregivers can give consent for general medical and dental decisions on behalf of the child while a non-relative can only give consent for school-related medical decisions.
• The Caregiver Affidavit does not expire as long as the child lives with you.
• In California, this can be formalized under new law (AB 495), and no court order is required. The affidavit does not affect the parents’ legal rights. 

Experts in Fresno recommend several best practices for families preparing for potential separation:

1. Identify a trusted caregiver early: This could be a relative, family friend, or vetted community member.
2. Plan for school and childcare needs: Ensure the designated caregiver can access school records and childcare resources.
3. Include children’s specific needs: Consider medical, mental health, and educational requirements, especially for children with disabilities or special needs.
4. Engage community resources: Neighborhood Resource Centers, Centro La Familia, Faith in the Valley, and organizations like EPU can help families navigate legal, educational, and social services.

What is the new law Gov. Gavin Newsom signed?

The Family Preparedness Plan Act of 2025 (AB 495) is a California law designed to reduce trauma and family separation when a parent is detained or deported. Key points include:

• Expands who can legally act as a temporary caregiver to include trusted friends or community members.
• Allows joint guardianships between a parent and a chosen caregiver during temporary absences, including immigration-related detention.
• Strengthens confidentiality protections for families in schools, childcare, and court proceedings.
• Encourages proactive family preparedness planning to avoid unnecessary involvement from child welfare.

What is a Family Preparedness Plan?

A family preparedness plan is a proactive strategy parents create to ensure their children are cared for if they are detained, deported, or otherwise unavailable.

Key elements of a preparedness plan:

• Designate a trusted caregiver through a caregiver’s affidavit. This gives the caregiver legal authority to care for the child temporarily.
• Ensure schools and childcare providers have updated emergency contacts for the designated caregiver.
• Prepare for children’s specific needs, including medical, educational, or special needs considerations.
• Connect with legal and community resources, such as Faith in the Valley or Centro La Familia, to help establish guardianship or other protections.

General organizations for immigration-related resources specifically for children:

• Centro La Familia Advocacy Services – Offers immigration legal assistance, family preparedness planning, and connects families to housing, food, and health services.
• Consulado de México en Fresno – Assists families with dual citizenship paperwork, powers of attorney, and documentation to protect children during emergencies.
• Fresno Immigrant and Refugee Ministries  – Serves refugees and immigrants through case management, health education, and advocacy.
• Education and Leadership Foundation – Provides free or low-cost immigration legal services, DACA renewals, and family preparedness support.
• Immigrant Legal Resource Center – A national organization that offers resource toolkits to the public and trains legal representation to better serve immigrant communities. 
• Central Valley Children’s Services Network – Connects families to childcare providers, home visitation programs, and parenting resources.

Fresnoland is working on more stories about this topic. If anyone is interested in speaking about their family preparedness plan or how organizations have helped navigate childcare, please contact Gisselle Medina at gisselle@fresnoland.org