Who can care for my children if I am detained

This page explains the legal ways to name a caregiver. For line by line help with the form, see How to fill out the Caregiver's Authorization Affidavit. For the whole family plan, see Make a family preparedness plan. This is general information, not legal advice.

What are my choices?

You have five main options in California. Most families start with the first one. Some add a second.

None of these takes your children away from you for good. A guardianship can end when you can care for your children again.

Who should I choose?

Choose an adult your children know and feel safe with. Think about who lives near school, who could take time off work, and who could care for your children for weeks or months if needed. Then talk with them. Agree on how long they could help, who pays for what, and how they would reach you.

Choose a second adult too. If the first person is sick, moves or is also detained, your children still have someone.

"Relative" is wide. Since January 1, 2026, it covers any adult related to your child within the fifth degree by blood, adoption or marriage. That includes grandparents, aunts, uncles, cousins, stepparents, stepsiblings, great and great great relatives, and their spouses, even after a divorce or death.

What does the caregiver form do?

The Caregiver's Authorization Affidavit is a free two page California form. Your caregiver fills it out and signs it. You do not have to sign it. It is not filed with any court and does not need a notary.

With it, your caregiver can:

• Enroll your child in school. The school must accept it as proof that your child lives with the caregiver. The school may also ask for something reasonable that shows the caregiver's address, like a utility bill.
• Agree to school related health care, such as the shots and exams school requires.
• If the caregiver is a relative, agree to most other medical and dental care, which can include mental health treatment, with some limits.

What it does not do:

• It does not give legal custody. You are still the parent.
• It cannot be used to keep your child against your wishes.
• It works only in California.
• It stops working if your child stops living with the caregiver.
• It does not make your child a dependent on the caregiver's health insurance.

If you and the caregiver disagree about medical care, your decision comes first, unless it would put your child's life, health or safety at risk.

When is a guardianship the better choice?

When your children may need care for a long time, or when someone needs full legal authority. A guardian of the person has legal custody. The guardian can make decisions about health care and school and gives the child a home, food and safety. A guardian can also handle things the caregiver form cannot cover.

What to know before you choose it:

• It takes a court case. Someone files papers, gives notice to the parents and close relatives, and a court investigator meets with the proposed guardian and checks their background. Then a judge decides at a hearing.
• It costs $225 to start a guardianship of the person (California Courts). A guardianship of the estate, for a child's money or property, costs $450. You can ask for a fee waiver, which is based on the child's income.
• Parents lose custody rights only while it lasts. You can ask the judge to end it when you can care for your children again. The guardian, the parent or the child can ask.
• It lasts until age 18, unless a judge ends it sooner. The guardian sends the court a yearly update on the child.

A guardianship is a big step. Talk with your court's self help center or a family law attorney before you file. Free help is listed below.

What is joint guardianship, and can I use it now?

It is new, and it was made for families like yours. Since January 1, 2026, under Probate Code 2105(g), a California court may name a parent who has custody and the person that parent chooses as joint guardians when the parent is temporarily unavailable. The law names reasons such as a serious medical condition, military service, incarceration, or an immigration related action, like detention.

Why it helps:

• You stay a guardian of your own child, alongside the person you trust.
• When you are able to care for your children again and ask to end it, the law presumes ending it is best for your child.
• The court records are kept confidential. The law says they are not shared with law enforcement or immigration agents without a court order.

What is still being worked out: the court forms. In 2026 the Judicial Council proposed a new confidential petition, GC-210(JP), with changes to forms GC-210 and GC-211, and a proposed start date of January 1, 2027. As of October 21, 2026, the forms were not adopted yet. A Judicial Council committee recommended them for the Council's October 24, 2026 meeting. The law itself is already in effect. Until the new form starts, ask your court's self help center or a family law attorney how to ask for a joint guardianship today.

Can I name a guardian ahead of time?

Yes. On a free form, GC-211, you can name the person you would want as guardian. A revised version is planned with the joint guardianship forms; until then, use the current form. California law lets a written nomination take effect only under conditions you set, such as if you become absent. A judge gives weight to your choice, but still decides what is best for your child.

Signing GC-211 does not start a court case. It is a backup. If a guardianship case is ever filed, it tells the judge your wishes. Keep the signed form with your family papers and give a copy to the person you named.

What about my children who are 18 to 20?

At 18, your child is an adult under California law. You cannot name a caregiver for an adult. They make their own decisions.

There is one special rule for young immigrants. A California court may appoint a guardian for an unmarried young person who is 18, 19 or 20, with the young person's consent, as part of a request for Special Immigrant Juvenile findings. A guardianship that started before 18 can also be extended to age 21 for the same reason. The guardian cannot override the young person's own choices about medical care, school or where they live without their express consent.

This path is for young people who may qualify for Special Immigrant Juvenile Status. Timing matters, because eligibility ends at 21. Learn more in Can my child qualify for SIJS? and talk with a free immigration legal provider soon.

What happens if I have no plan?

Your children are not left alone. Since 2026, California schools must first follow the emergency contact instructions you gave them when you are not available. Schools should not call child protective services unless care cannot be arranged that way. Licensed child care and state preschools follow the same rule.

That is why your emergency contacts matter so much. Put your chosen caregiver on the list at school and child care, and keep it current. See Every child can go to public school.

If no one can be reached, the county may step in. If your child ends up in foster care, you still have rights. See Keeping your rights as a parent if you are detained or deported.

What mistakes should I avoid?

• Waiting. A plan made calmly today works better than one made in a crisis.
• Using an old form. Use the form revised January 1, 2026.
• Paying a notario. Only a licensed attorney or a DOJ accredited representative can give you legal advice. See Warning signs of an immigration scam.
• Forgetting the backup. Name a second caregiver.
• Keeping the plan secret. Your caregiver needs to know where your papers are. Older children should know who to go to.
• Writing private details where others can see them. Keep immigration papers and case numbers in a safe place.

Who can help?

These are free public offices and nonprofit legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your county court's self help center: free help with guardianship forms. Start at the California Courts Self Help Guide. San Mateo County's center offers LiveChat.
• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440, 1861 Bay Road, East Palo Alto. Walk ins Monday to Friday, 9 a.m. to 1 p.m. Serves low income residents of San Mateo and Santa Clara counties.
• Legal Aid Society of San Mateo County: (650) 558-0915.
• Bay Area Legal Aid advice line: 1-800-551-5554.
• More free help: Free legal help in the Bay Area.

Questions people ask

Do I need a lawyer to fill out the caregiver form? No. It is two pages and has instructions. A lawyer helps more with guardianship.

Can my caregiver get my child a passport? The caregiver form does not cover passports. For children under 16, both parents usually apply together, or the absent parent signs a notarized consent. See the complete family plan guide.

Will the court ask about my immigration status? Joint guardianship records are confidential by law. For other guardianship cases, ask a family law attorney what the papers will show before you file.

Does choosing a caregiver mean I give up my child? No. The caregiver form leaves custody with you. A guardianship can end when you are able to care for your child again.

My caregiver has no California ID. Can they still sign? Yes. The form asks for a California license, ID or a government issued consular card number, and allows another identifier if they have none.

What if my child's other parent lives in another country? Talk with a family law attorney. Their rights still count in a guardianship case.

Is there a worksheet I can print?

We know this is hard to think about. Making this plan is an act of love, and it gives your children a safe place to land. You do not have to do it all today. Start with one conversation.