Family Preparation Plan
It is critical for immigrant families to think ahead and set more concrete plans for immigration emergencies that can arise. Swap Meet Justice/ Justicia Tianguera can help you complete these forms for free. Trained volunteers are available to come to your home or other location to help you complete the forms, also for free. For a home visit, contact MariposaAdvocacy.org
Step-by-Step Family Preparation Plan
Family members can use the ICE detainee locator: https://locator.ice.
Talk to Your Family About Your Plan
Without worrying them, assure your children that they will be taken care of if for some reason you are unable to care for them, even for a short time. Let them know who will care for them until you can.
Every family should have a Family Preparedness Plan in case of an emergency. It is equally critical for immigrant families to think ahead and set more concrete plans for immigration emergencies that can arise.
To assist in this, we've provided a toolkit below that goes into detail about different childcare options available in case of an absent parent, where to find trusted immigration services in your community, and how to prepare to assert your constitutional rights in the presence of an immigration officer.
Download this toolkit here: (https://www.ilrc.org/
Make a Child Care Plan
Decide What Kind of a Child Care Plan You Want to Put in Place
There are various ways to plan for another adult to care for your child if you are unable to do so. Some of the options, especially for California are:
1. Verbal Agreement: The most informal arrangement is to let another adult know of your wishes for your child and to verbally agree with them that they will carry out your wishes to care for your child if you cannot. The benefit of this is that it is informal and easy – you do not need to complete any forms or legal documents, and such an agreement will not affect your parental rights. The downside of this informal arrangement is that your chosen caregiver will not have legal authority to make medical or school-related decisions on behalf of your child, which would be problematic if you were deported and unable to care for your child for an extended period of time.
2. Caregiver’s Authorization Affidavit (“CAA”): The next option in California is to not only get another adult’s verbal agreement to care for your child in the event you are unable to, but to have that adult complete a Caregiver’s Authorization Affidavit (“CAA”), which allows them to make certain school and medical decisions on behalf of your child. The benefit of this approach is that the CAA can be given to your child’s school or health care provider so that your chosen caregiver can make certain decisions for the child, and it does not affect your parental rights (you still have custody and control of your child). More information about the CAA and a form you can use are included in Part IV of this toolkit. Please note: the included Caregiver’s Authorization Affidavit can only be used in California.
3. Guardianship. The most formal arrangement is to have a court appoint a guardian for your child. The benefit of guardianship is that once someone has been appointed as a guardian by a California Probate Court, that person has full legal and physical custody of your child, meaning they can make decisions on behalf of your child. Please note: When a guardian is appointed, this does not terminate parental rights, but it does suspend them while the guardianship is in place. The drawback of guardianship is that it must be terminated by the Probate Court in order to get your parental rights back. Please note you must file a petition in the Probate Court requesting the court to terminate the guardianship and it is up to the Judge to decide on what the best option for your child is.
Keep in mind that in California you cannot grant another person guardianship of your child informally or through a power of attorney – only a state court can do that. However, you can prepare a Form GC-211 to nominate a specific person to be the guardian of your child. The court will then consider Form GC-211 if and when a guardianship petition is filed. You can also make the nomination conditional upon your detention and/or deportation by completing an attachment to the form GC-211 that specifies when the nomination will be effective. Nominating someone else to have legal custody of your child is a serious decision; please connect with a trusted legal services provider to get more information.
A Note on Power of Attorney. A power of attorney is a written document that you can sign to grant another person the authority to act on your behalf in specified ways. For example, a power of attorney may be used to designate another person to handle your finances, make business decisions, use your money to pay your rent or mortgage, use your money to provide for your child, and similar actions. In California, we do not recommend that a power of attorney be used to designate another person to care for your child. While a power of attorney may be a good option in other states, in California, it cannot be used to transfer custody of your children to another person (only a state court can do that).
Write Down Instructions if Your Child Has Any Medical Conditions and /or Takes Any Medications
Make sure to write down any medical conditions or allergies your child has, any medications that your child takes, as well as doctor and health insurance information. Keep a copy of this information in your important documents file. Give a copy to your child’s school and the adult you designate to care for your child. Let your child know where to find this information if you are not around.
Make Sure Your Children All Have Passports
If your child was born in the United States, visit www.travel.state.gov for more information on obtaining a U.S. passport. If your child was born in a different country, check with the embassy or consulate for more information on obtaining a passport.
Inform Your Family and Emergency Co
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