AB 1378

Bill Subjects

Abstract

(1) 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 would authorize a custodial parent or a person who has been awarded custody or guardianship of a minor child to designate a person to serve as a standby guardian of the person, the estate, or both, by completing a Standby Guardian's Authorization Affidavit. The bill would require the designation of a standby guardian to take effect, absent an objection of a noncustodial parent, under specified circumstances that include if the custodial parent or guardian has died or is detained by law enforcement, incarcerated, or deported. 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. By expanding the definition of the crime of perjury, the bill would impose a state-mandated local program. (2) Existing federal law, the Immigration and Nationality Act, establishes a procedure for classification of certain aliens as special immigrants who have been declared dependent by a juvenile court and authorizes those aliens to apply for an adjustment of status to that of a lawful permanent resident within the United States. Existing state law provides that the juvenile, probate, and family divisions of the superior court have jurisdiction to make judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. This bill would provide that the existence of a standby guardian and evidence that a contingency has occurred that makes the authority of the standby guardian operative is affirmative evidence that the covered juvenile has been abandoned and cannot be reunified with one or both parents for the purposes of making judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act. (3) 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 caregiver or 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 caregiver 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 caregiver. This bill would make execution of the standby guardian affidavit a sufficient basis for a determination of residency of a minor child under these provisions, unless the school district determines from actual facts that the pupil is not living in the home of the standby guardian. (4) 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.