The National Women’s Law Center (NWLC) and the Center for Law and Social Policy (CLASP) expressed strong opposition to proposed regulations from the U.S. Department of Health and Human Services (HHS) that seek to amend existing rules governing the Child Care and Development Fund (CCDF). Their formal comments, submitted on February 4, 2026, address concerns surrounding the rollback of essential provisions established in a 2024 rule designed to enhance the accessibility, affordability, and stability of child care services across the nation.
The 2024 rule was a significant advancement in federal child care policy, aiming to improve the overall functionality of the CCDF, which is a cornerstone program that provides crucial assistance to families in need of child care services. Among the provisions at risk of being repealed are critical measures that aim to alleviate financial pressures on families and enhance service delivery:
1. Capping Copayments: The regulations stipulated that families receiving child care assistance would be required to limit their copayments to no more than 7% of their income. This measure was designed to ease the financial burden on low- and middle-income families seeking quality child care.
2. Targeted Service Provision: The proposal also mandated states to utilize a portion of their funding through grants and contracts to deliver child care services, particularly focusing on underserved geographic areas, infants, toddlers, and children with disabilities. This aligns with broader equity goals aimed at ensuring that all children have access to adequate care and educational opportunities.
3. Prospective Payment: The NWLC and CLASP highlighted the importance of requiring states to pay child care providers in advance of service delivery. This flexibility is crucial for providers to manage their resources effectively and maintain high-quality care.
4. Enrollment-Based Payment: Additionally, the proposed regulations recommended that payments to providers serving children receiving assistance be based on authorized enrollment rather than actual attendance, supporting stability and predictability for child care providers.
In light of these proposed changes, NWLC and CLASP have urged HHS to reconsider its stance and maintain the 2024 provisions that are essential for supporting families and child care providers. Their advocacy efforts garnered significant attention, with a coalition of 207 national, state, and local organizations uniting to sign a letter opposing the proposed rule. This coalition underscores the broad consensus among stakeholders on the importance of preserving fundamental support mechanisms within the child care framework.
As the discussion surrounding child care policy continues, the resolution of this issue will have implications for countless families and child care providers, highlighting the ongoing need for robust advocacy in shaping equitable and effective child care systems across the United States.
