AB 495 comments v2

This page has some comments about Assembly Bill 495.

Family institution's ability to pickup their child

Will parents who are already present and adequately raising their child be at risk of an unexpected person picking up their child? A parent could become anxious if they though their child was missing, even for a short while.

No family code summary was observed in the California Code of Regulations (CCR) so a diagram was put below to fill in the perceived gap. Family was one of three institutions on earth along with Government and church according to the diagram. Each of the institutions ideally has its leader. The family institution's leader might not want to be disassembled, just like the other institutions do not want any dis-assembly.

The diagram was reconstructed from a video sermon at time 00:22:00. The symbols identifying each institution were church - key, Government - sword, family - rod. Scriptures for those symbols were copied to table 1.



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Table 1 - Verses for diagram, Legacy Standard Bible
institution Reference Text
key Matt 16:18-19 And I also say to you that you are Peter, and upon this rock I will build My church; and the gates of Hades will not overpower it. 19 I will give you the keys of the kingdom of heaven; and whatever you bind on earth shall have been bound in heaven, and whatever you loose on earth shall have been loosed in heaven."
sword Romans 13:4 for it is a minister of God to you for good. But if you do what is evil, be afraid; for it does not bear the sword in vain, for it is a minister of God, an avenger who brings wrath on the one who practices evil.
sword Genesis 9:6 Whoever sheds man’s blood, By man his blood shall be shed, For in the image of God He made man.
rod Pr 13:24 He who holds back his rod hates his son, But he who loves him disciplines him diligently.
rod 1 Tim 3:4 leading his own household well, having his children in submission with all dignity
rod Eph 6:4 Fathers, do not provoke your children to anger, but bring them up in the discipline and instruction of the Lord.
rod Titus 2:5 to be sensible, pure, workers at home, kind, being subject to their own husbands, so that the word of God will not be slandered.

Existing codes

The legislative family code already had division 8 for custody of children. Is this a logical place for definitions of relative? If pieces of definitions are scattered across all codes that might not optimally Organize the information. Section 3012.(a) in division 8 already started codes for child custody proceedings in an Immigration situation.

Local Child Services reporting

22 CCR 121120 State Performance Measures had a reports for percent of children for whom paternity has been established and child support. Would local child support services have a harder time reporting if the definition of relative becomes more ambiguous or the code modifies the family institution?

Plain writing act

Are any other States planning a similar bill? Minimizing cross-references was encouraged for plain writing, and more consistent verbiage could prevent a lengthy table of cross-references to try and follow each unique bill, if that will occur.

Judicial efficiency

The Mission of the Judiciary included the word efficiency:
     The judiciary will-in a fair, accessible, effective, and efficient manner—resolve disputes arising under the law and will interpret and apply the law consistently, impartially, and independently to protect the rights and liberties guaranteed by the Constitutions of California and the United States.

A review might check procedures like 234.7(f)(1) on limiting assistance with immigration enforcement at public schools, to the fullest extent possible ... to see if they are the most efficient. The judicial web page advertised an ITC (Invitation to Comment) but AB495 was not observed.

If a immigrant parent was going back to their home country, the home countries rules would not be the California Constitution. However, one of the ARTICLE I DECLARATION OF RIGHTS was SEC. 31. which prohibited discrimination by national origin in education. If the home country wanted to keep the parent and child together, would the child be discriminated against by preventing that process of their natural origin?