First, providers should always try to ensure all children in their care have multiple emergency contacts/authorized pick-up persons. Parents should designate alternative caregivers who would be willing to care for their child in the case of their detention or deportation and add these caregivers to their daycare’s emergency contact/authorized pick-up lists. For guidance on how to plan for your children’s care in the event of an emergency, please review this guide.

In the event a child is not picked up from daycare, the provider should record their efforts to reach all of the child’s emergency contacts and authorized individuals. If a substantial amount of time has passed without successfully contacting any emergency contacts/authorized individuals, the provider should contact the non-emergency line of the local law enforcement agency or child protective services. If necessary, providers may release children to police or child welfare workers, 1 making sure to check their photo identification and recording the official’s name and badge number.

Parents and guardians may authorize additional individuals to pick up their children from the daycare by providing authorization to the provider in writing. The authorization should be signed by the parent/guardian and include the authorized individual’s full name, contact information, relationship to the child, and a statement permitting the provider to release the child to that individual. Providers often have a standard authorized pick-up person form to document the above. Providers should also encourage parents and guardians to review and update the form as needed.

Additionally, if parents/guardians want guidance on how to designate an alternative caregiver for their child that can also make decisions about the child’s education and medical needs in the parent/guardian’s absence, they should review this guide.

Currently, parents without legal status are unlikely to face detention solely because they receive child care subsidies. Most child care subsidy programs do not consider immigration status when determining eligibility, so it is less likely that a family will be targeted for detention due to their use of those benefits.

The majority of state-funded child care subsidy programs do not require parents to disclose their immigration status when applying. However, some programs, like CalWORKs, do consider immigration status as part of eligibility criteria.

Federal programs like the Child Care Development Fund and Head Start similarly do not require that parents disclose citizenship status when applying, especially when the benefit is for a U.S. citizen child. Certain federal grants also provide funding for state child care subsidies. Eligibility for such federal grant funding may depend on the child’s immigration status rather than the parent’s. Still, it is unlikely that receiving child care benefits alone will lead to a parent’s detention. Although the current administration has adopted a variety of measures to carry out its immigration policies, it does not appear likely that records of who receives child care subsidies will be used for immigration enforcement purposes.

Generally, parents can also use child care subsidies without it impacting their ability to obtain lawful permanent residence in the future (it is not likely to trigger a public charge determination). 2 Parents and providers should however continue monitoring any policy changes related to this issue.

When engaging in these sensitive conversations with families, providers should gently emphasize the importance of having an emergency plan in place. This plan should outline parents’ wishes and give clear guidance to child care providers about the child’s care in the event of an emergency (e.g., detention, deportation, hospitalization, etc.). Emergency plans should answer who will take care of the child, list steps for providing care, and detail parenting preferences. Parents should also include copies of important documents as part of the plan. Documents may include the child’s birth certificate, medical records, school records, passports, social security cards, caregiver’s affidavit and/or nomination for a guardian (if relevant), list of relatives and friends who can be contacted as needed, and any of the family’s court records and immigration documents.

Providers and parents should review the emergency contact information that is on file to ensure that it is accurate and up to date. Verify the individuals authorized to pick up the child as well as those individuals’ contact information. The authorized individuals should be made aware that they will be contacted in case of an unexpected emergency.

When thinking about alternative caregivers, parents should choose a stable, trusted adult whom the child knows. Providers should encourage families to identify a few alternative caregivers in case their first choice is unavailable. The caregiver should be familiar with the family’s wishes regarding the child’s medical care and education.

There are both informal and formal caregivers. An informal caregiver can physically take care of the child, but does not have legal rights to make all decisions for the child. With an informal caregiver, the parent keeps legal custodial rights over the child. In California, informal caregivers can use the Caregiver Authorization Affidavit to inform child care providers, school officials, and doctors that they will be housing, feeding, and caring for the child in the parent’s absence. This form is authorized by California law, but is not part of a court process. Families should be aware that the designated caregiver need not have legal immigration status, and only the designated caregiver is required to sign the form. An example of the Affidavit can be found in this guide.

A judge can grant formal custody of the child to a caregiver through a legal guardianship. Under a legal guardianship, parents’ legal rights over their child are paused until the guardianship is terminated or the minor turns 18. Guardians must be at least 18 years old, have the child in their physical care, and are responsible for making legal, medical, and education-related decisions as well as meeting the child’s basic needs. Only courts can appoint a legal guardian, however, parents may nominate a specific individual to serve as their child’s guardian by completing the GC-211 form or a Nomination of Guardian form (and have it notarized). Parents may make this nomination apply only in the event of their detention or deportation. Courts will consider the nomination when making a decision on guardianship.

Guardianship is a lengthier legal process. First, it requires that the potential guardian complete various application forms and notify relatives about the plan for guardianship. Once those forms are submitted, the court will appoint an investigator to meet with the potential guardian to conduct a background check and understand the need for guardianship. Finally, after additional paperwork, the potential guardian will attend a guardianship hearing. There, the judge will determine whether the designated caregiver should serve as the child’s legal guardian. Guardianship is best suited for longer-term parental absences, as it generally requires a court order to terminate. More information on guardianship is available in this guide. Step-by-step instructions and forms are also available here.

A parent can ask that the court terminate the guardianship at any time so that the parent can regain custody and their legal rights. However, it is important to know that it can sometimes be hard to terminate a guardianship.

To support families in the process of emergency planning, it can be helpful to offer families sample documents or templates to create a plan that fits their needs and reassure them that their children are entitled to free public education regardless of immigration status. Finally, providers should encourage families to discuss these plans with their children and ask that children memorize authorized individuals’ contact information. Discuss ways families can emotionally support their children and have conversations that allow children to voice and navigate any fears or confusion. Providers should offer contact information for local legal aid organizations and have resources available for families to review and offer their children.

Some resources and organizations include:

For Adult Family Members:

• Guardianship Planning in Anticipation of Deportation

• Public Counsel Family Preparedness Guide

• Preserving Family Unity and Protecting Parental Rights when Facing Deportation

• First 5 California

• Immigrant Family Resources

• Toolkit: Protecting Immigrant Families Facing Deportation

• Rainbows for Children – Support Groups

For Children:

• First 5 California – Care, Cope, Connect

• An Activity Book for Latino Children Impacted by Deportation

• 18 Books for Kids About the Immigrant Experience in America

Providers should create and maintain an emergency plan in case of an owner or assistant’s detention. This plan should outline all staff responsibilities and steps to ensure that children remain safe. If needed, other adults at the provider’s facility should contact each child’s parent/guardian to ask that they be picked up. If a child’s parent/guardian cannot be reached, providers should refer to the list of authorized individuals and contact those individuals.

It is critical to identify and train several alternative caregivers who meet the state’s licensing requirements that will be able to provide care for children during an emergency. Providers should ensure that any protocol complies with the California Community Care Licensing Division’s requirements. If that alternative caregiver is available, they can assume responsibilities of the detained business owner or assistant. If unavailable, the facility may need to temporarily close until a licensed provider can resume child care services. Available staff should also notify the provider’s licensing analyst immediately and file an unusual incident report.