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Since 1994, California has had a consent law that allows an "informal" relative caregiver to submit the same affidvait to enroll the child in school and consent to the child's medical treatment.
In order to protect seniors from undue influence by their caregivers, California enacted the Care Custodian Statute under California Probate Code section 21350. This statute is designed to prevent financial elder abuse by making testamentary gifts to care custodians presumptively invalid.
A guardian is different from a caregiver because when a child has a caregiver, either the caregiver or the parent can make decisions for the child. When a child has a guardian, only the guardian, not the parent, can make decisions.
The Family & Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both can provide protections to caregivers, such as leave of absence and claims for interference with these rights, as well as claims for retaliation against exercising rights to FMLA and CFRA leaves.
Cal Fam Code § 6550 A caregiver who is a relative and who completes items 1-8 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.
A Caregiver's Authorization Affidavit is an official form based on California's recognition that adults who have minors living with them are “caregivers” who often want and need to take some responsibility for the minor's education and other care.
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.
Duties Supervise and monitor the safety of children. Prepare and organize mealtimes and snacks for children. Help children keep good hygiene. Change the diapers of infants and toddlers. Organize activities or implement a curriculum that allows children to learn about the world and explore their interests.
Through the lens of family law practice, the word “caregiver” is described as a parent who takes care of a child's most basic needs. This might include activities such as feeding, bathing, clothing, and grooming a child. They might also manage their healthcare, education, and extracurricular activities.