Part 1.5CAREGIVERS

Section § 6550

Explanation

This section outlines how a caregiver, who is at least 18 years old, can use an authorization affidavit to enroll a minor in school and consent to school-related medical care. If the caregiver is a relative, they can also authorize general medical and dental care, similar to what a legal guardian can do, including some mental health treatments. Parental decisions overrule the caregiver's choices unless it risks the child's safety. If someone provides medical or dental care based on this affidavit, they won't face legal trouble if they genuinely didn't know it went against the parent’s wishes. Caregivers must inform relevant parties if the minor stops living with them, and the affidavit must include specific warnings to be valid. The terms 'person,' 'relative,' and 'school-related medical care' are also specifically defined here.

(a)CA Family Law Code § 6550(a) A caregiver’s authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.
(b)CA Family Law Code § 6550(b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.
(c)CA Family Law Code § 6550(c) A person who acts in good faith reliance on a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.
(d)CA Family Law Code § 6550(d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.
(e)CA Family Law Code § 6550(e) Nothing in this section relieves any individual from liability for violations of other provisions of law.
(f)CA Family Law Code § 6550(f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.
(g)CA Family Law Code § 6550(g) A caregiver’s authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word “warning” specified in Section 6552. The warning statement shall be enclosed in a box with 3-point rule lines.
(h)CA Family Law Code § 6550(h) For purposes of this part, the following terms have the following meanings:
(1)CA Family Law Code § 6550(h)(1) “Person” includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.
(2)CA Family Law Code § 6550(h)(2) “Relative” means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.
(3)CA Family Law Code § 6550(h)(3) “School-related medical care” means medical care that is required by state or local governmental authority as a condition for school enrollment, including immunizations, physical examinations, and medical examinations conducted in schools for pupils.
caregiver's authorization affidavit enroll minor in school school-related medical care relative caregiver rights medical consent for minors parental authority legal guardian mental health treatment limitations civil and criminal liability protection affidavit validity notice to schools and healthcare providers affidavit warning requirement definition of relative definition of school-related care definition of person
(Amended by Stats. 2004, Ch. 895, Sec. 12. Effective January 1, 2005.)

Section § 6552

Explanation

This section outlines a form called the Caregiver's Authorization Affidavit, which allows a non-parent adult to authorize school enrollment and some medical care for a minor living with them. The form must be filled out with details such as the names and addresses of both the caregiver and the minor, along with other specific information. It doesn't give the caregiver legal custody but permits them to enroll the child in school and authorize certain medical treatments without guardianship or custody orders. The affidavit protects providers acting in good faith from liability, and if the child stops living with the caregiver, the affidavit is no longer valid. Caregivers need to notify relevant parties if the minor no longer resides with them.

The caregiver’s authorization affidavit shall be in substantially the following form:
Caregiver’s Authorization Affidavit
Use of this affidavit is authorized by Part 1.5 (commencing with
Section 6550) of Division 11 of the California Family Code.
Instructions: Completion of items 1–4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5–8 is additionally required to authorize any other medical care. Print clearly.
The minor named below lives in my home and I am 18 years of age or older.
1.Name of minor:.
2.Minor’s birth date:.
3.My name (adult giving authorization):.
4.My home address:
 .
5. ◻I am a grandparent, aunt, uncle, or other qualified relative of the minor (see back of this form for a definition of “qualified relative”).
6.Check one or both (for example, if one parent was advised and the other cannot be located):
◻I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.
◻I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.
7.My date of birth:.
8.My California driver’s license or identification card
number:.
Warning: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Dated: 
Signed: 

Notices:

1.This declaration does not affect the rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.

2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

Additional Information:

TO CAREGIVERS:

1.“Qualified relative,” for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.

2.The law may require you, if you are not a relative or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.

3.If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.

4.If you do not have the information requested in item 8 (California driver’s license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.

TO SCHOOL OFFICIALS:

1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.

2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.

TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1.A person who acts in good faith reliance upon a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed.

2.This affidavit does not confer dependency for health care coverage purposes.
Caregiver's Authorization Affidavit minor enrollment medical care authorization qualified relative school district residency determination health care provider civil and criminal liability good faith reliance notification obligation identification requirements caregiver's responsibility resource family approval Education Code Section 48204 dependency for healthcare
(Amended by Stats. 2016, Ch. 612, Sec. 6. (AB 1997) Effective January 1, 2017.)