Why Emergency Planning Matters
If you are detained by immigration authorities, your children need protection. Advance planning ensures:
- Your children go to someone you trust
- Schools know who can pick up your children
- Caregivers have legal authority to make decisions
- Your family can access important documents
This is not about fear — it's about preparedness.
Caregiver Authorization Affidavit
What It Does
A Caregiver Authorization Affidavit grants a trusted person authority to:
- Enroll children in school
- Make educational decisions
- Consent to medical treatment
- Handle day-to-day care
Requirements by State
| State | Form/Process | Duration |
|---|---|---|
| California | Family Code §6550 Affidavit | Until revoked |
| New York | Designation form (varies by county) | Typically 1 year |
| Texas | Authorization Agreement (Family Code §34.0015) | Until revoked |
| Illinois | Short-Term Guardianship form | 60 days |
| Florida | Power of Attorney or Guardianship | Varies |
Sample Caregiver Affidavit Language
CAREGIVER'S AUTHORIZATION AFFIDAVIT
I, [Parent Name], being the parent of the minor child(ren) listed below,
do hereby authorize [Caregiver Name] to:
1. Enroll and withdraw the child(ren) from school
2. Consent to school-related activities
3. Consent to medical, dental, and mental health treatment
4. Access educational and medical records
5. Make day-to-day caregiving decisions
Minor Child(ren):
Name: _________________ DOB: _____________
Name: _________________ DOB: _____________
This authorization shall remain in effect until revoked in writing
or until [date/event].
Parent Signature: _________________ Date: _________
Caregiver Signature: ______________ Date: _________
Notarization recommended but not required in most states.
Power of Attorney for Minor Children
When You Need It
A Power of Attorney (POA) is more comprehensive than a caregiver affidavit and may be necessary for:
- Long-term care arrangements
- Financial decisions affecting children
- Court proceedings
- Government benefits
Key Elements
| Component | Purpose |
|---|---|
| Specific powers | List exactly what caregiver can do |
| Duration | How long it remains valid |
| Successor agents | Backup caregivers if first unavailable |
| Revocation clause | How you can cancel it |
Important Notes
- POA does NOT transfer custody — you remain the legal parent
- Some states require notarization
- Courts may override POA in custody disputes
- Consider consulting an attorney for complex situations
Choosing a Caregiver
Who Should You Choose?
| Priority | Considerations |
|---|---|
| First choice | U.S. citizen or legal permanent resident |
| Second choice | Someone with stable immigration status |
| Backup | Another trusted family member or friend |
Questions to Consider
- Does this person have a stable home?
- Can they handle your children's needs (medical, educational)?
- Do your children feel comfortable with them?
- Are they geographically accessible to your children's school?
- Will they follow your wishes about raising your children?
Document Your Caregiver
Keep written records of:
- Full legal name
- Address and phone numbers
- Relationship to children
- Driver's license/ID number
- Emergency contact information
School Pickup Authorization
Update School Records
Ensure your children's school has:
- Emergency contact list with at least 3 people
- Pickup authorization for designated caregivers
- Photo ID of authorized individuals on file
- Written instructions for emergencies
Sample School Letter
[Date]
To: [School Name] Administration
Re: Emergency Pickup Authorization for [Child's Name]
I, [Parent Name], authorize the following individuals to pick up
my child [Child's Name] from school in case of emergency:
1. [Name] - [Relationship] - [Phone] - [ID Type/Number]
2. [Name] - [Relationship] - [Phone] - [ID Type/Number]
3. [Name] - [Relationship] - [Phone] - [ID Type/Number]
If I am unreachable and one of the above individuals requests
to pick up my child, please release my child to them after
verifying their identification.
In the event of an emergency that prevents me from contacting
the school, please contact the individuals above in the order
listed.
Parent Signature: _________________
Date: _________________
Family Communication Plan
Code Words and Signals
Establish simple code words with your children:
| Situation | Code/Signal |
|---|---|
| Safe pickup | Special word only family knows |
| Emergency alert | Text message code (e.g., specific emoji) |
| Go to safe house | Specific phrase ("visit Aunt Maria") |
What Children Should Know
Age-appropriate preparation:
| Age Group | What to Teach |
|---|---|
| Under 6 | Know caregiver's name; practice staying calm |
| 6-10 | Memorize caregiver's phone; know safe places |
| 11-15 | Understand basic rights; know family plan |
| 16+ | Full knowledge of plan; may assist younger siblings |
Important Numbers to Memorize
Have children memorize:
- Caregiver's phone number
- One other trusted adult's number
- Your attorney's number (if applicable)
Essential Documents to Prepare
Document Folder
Create a folder with copies of:
| Document | Why It's Needed |
|---|---|
| Birth certificates | Prove children's identity |
| Passports | For children born abroad |
| Caregiver affidavit | Legal authority for caregiver |
| School enrollment records | Transfer or re-enrollment |
| Medical records | Healthcare continuity |
| Immunization records | School requirement |
| Health insurance cards | Medical care |
| List of medications | If children have prescriptions |
| Consulate information | Your country's local consulate |
Where to Keep Documents
| Location | Purpose |
|---|---|
| With caregiver | Immediate access |
| With attorney | Legal safekeeping |
| Safe deposit box | Long-term storage |
| Digital backup | Secure cloud storage |
Financial Preparation
Bank Accounts
Consider:
- Joint account with caregiver for children's expenses
- Payable on death (POD) designation
- Written instructions for accessing funds
Cash Reserve
Keep emergency cash available:
- With designated caregiver
- In secure location known to trusted person
- Enough for 1-3 months of basic expenses
Bills and Obligations
Provide caregiver with:
- List of recurring bills
- Account login information (secure storage)
- Landlord/mortgage contact
- Utility account information
If You Are Detained
Immediate Steps
- Stay calm — panic doesn't help your children
- Invoke your rights:
"I am exercising my right to remain silent. I wish to speak with an attorney."
- Request phone call to notify caregiver
- Do NOT sign any documents without attorney review
- Ask for consular notification if you're a foreign national
Information to Provide
If detained, try to communicate to your caregiver:
- Where you are being held
- Your A-number (alien registration number) if you have one
- Bond information if available
- Attorney contact information
What Caregivers Should Do
If the parent is detained:
- Secure the children — pick them up if not already home
- Document everything — date, time, what happened
- Contact the attorney on the family's legal list
- Notify consulate if appropriate
- DO NOT speak to ICE about the parent's case
- Locate the parent using ICE detainee locator or attorney
Child Custody Concerns
Your Parental Rights
Being detained does NOT terminate your parental rights.
| Your Right | Notes |
|---|---|
| Make decisions | You retain parental authority |
| Custody | Designation of caregiver is not custody transfer |
| Contact | You can call children from detention (may be limited) |
| Reunification | If deported, children can join you |
If CPS Gets Involved
Child Protective Services may become involved if:
- Children are found alone
- No caregiver is identified
- Concerns about child welfare arise
Prevention:
- Always have designated caregivers documented
- Notify school of emergency contacts
- Keep caregiver affidavit accessible
Reunification Planning
If You Are Deported
Options for your children:
| Option | Considerations |
|---|---|
| Children join you abroad | Passports needed; may affect their status |
| Children remain in U.S. | With legal caregiver; education continues |
| Mixed arrangement | Some children go, some stay (difficult but possible) |
Maintaining Contact
- Establish communication schedule
- Use video calls for regular contact
- Keep records of all contact for any future legal proceedings
- Work with attorney on potential return or visa options
Legal Resources
Free and Low-Cost Help
| Resource Type | Where to Find |
|---|---|
| Immigration attorneys | Find Legal Aid |
| Family law attorneys | Local bar association referrals |
| Know Your Rights trainings | Community organizations |
| Document preparation | Many legal aid organizations assist |
Questions for an Attorney
- What type of caregiver authorization is best for my state?
- Should I complete a power of attorney?
- What happens to custody if I'm deported?
- Can my caregiver access government benefits for my children?
Emergency Planning Checklist
Immediate (Complete Now)
- [ ] Choose primary and backup caregivers
- [ ] Complete caregiver authorization affidavit
- [ ] Update school emergency contacts and pickup list
- [ ] Create document folder with copies of essential papers
- [ ] Give caregiver copies of all documents
- [ ] Establish family code words
- [ ] Teach children caregiver's phone number
Short-Term (Complete This Month)
- [ ] Consult with immigration attorney about your case
- [ ] Consider power of attorney for complex situations
- [ ] Set up emergency fund accessible to caregiver
- [ ] Create list of bills and financial information
- [ ] Secure digital backups of important documents
- [ ] Have age-appropriate conversation with children
Ongoing
- [ ] Review and update plans every 6 months
- [ ] Update school records at start of each school year
- [ ] Keep caregiver authorization current
- [ ] Maintain communication with designated caregivers
- [ ] Stay informed about immigration policy changes
Printable Emergency Card
English
FAMILY EMERGENCY PLAN
If I am detained, contact:
Primary Caregiver:
Name: _____________________
Phone: ____________________
Address: __________________
Backup Caregiver:
Name: _____________________
Phone: ____________________
Attorney:
Name: _____________________
Phone: ____________________
Children's School: _______________
Phone: ____________________
Important: Caregiver authorization documents
are located at: ________________
Spanish
PLAN DE EMERGENCIA FAMILIAR
Si soy detenido/a, contactar a:
Cuidador Principal:
Nombre: ____________________
Teléfono: __________________
Dirección: _________________
Cuidador de Respaldo:
Nombre: ____________________
Teléfono: __________________
Abogado:
Nombre: ____________________
Teléfono: __________________
Escuela de los Niños: ___________
Teléfono: __________________
Importante: Los documentos de autorización
del cuidador están en: ________________