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Dear CCDF Administrators,
Thank you again for all the engagement during the 2025 State and Territory Administrators Meeting. Since the opportunity to meet many of you in person, I’ve continued to hear feedback regarding difficulties States and Territories have making decisions about investments to implement March 2024 Child Care and Development Fund (CCDF) rule requirements. In response to those concerns, I’m pleased to share the opportunity for additional transitional and legislative waivers.
Currently, approved transitional and legislative waivers for the March 2024 CCDF final rule are limited to two years and expire August 1, 2026. Lead Agencies may request additional transitional and legislative waivers to cover August 2, 2026, through August 1, 2028, if needed. Lead Agencies may begin submitting renewal requests immediately and there is no deadline for submission. Instructions for applying for these waivers can be found at the end of this letter.
As I've shared previously, ACF intends to release a Notice of Proposed Rulemaking (NPRM) for public comment this year to return flexibility to the States and Territories. We look forward to hearing your feedback during this process and identifying additional areas to support effective implementation of the Child Care and Development Block Grant (CCDBG) statute. In the meantime, policy questions regarding requirements added in the March 2024 final rule submitted to OCC will not be addressed until more information is available.
Thank you for all that you do for children and families.
Laurie Todd-Smith, Ph.D.
Deputy Assistant Secretary for Early Childhood Development
Department of Health and Human Services
Administration for Children and Families
Office of Early Childhood Development
Directions for Submitting an Additional Transitional and Legislative Waiver Request:
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Please email a written request to your OCC Regional Program Manager (RPM). The written request must be addressed to the OCC Acting Director and signed by an official with signing authority on behalf of the Lead Agency.
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Consistent with the CCDBG Act and CCDF regulations, requests to renew transitional and legislative waivers must contain the following information:
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Reason why the Lead Agency is requesting the transitional and legislative waiver, including a description of the legislative action needed or Lead Agency change process that prevents the Lead Agency from meeting the above listed regulations and timeline required;
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Detail on the provision(s) for which the Lead Agency is seeking a temporary waiver using the precise regulation citation(s) from the list below;
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Description of how a waiver for each listed provision, by itself, will improve the delivery of child care services for children and families;
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Certification and description of how the health, safety, and well-being of children served through CCDF will not be compromised as a result of the waiver; and
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Preferred start date and the duration of the waiver.
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Lead Agencies may request to renew transitional and legislative waivers for the following provisions:
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§ 98.45(b)(5) and § 98.45(l)(3) — Co-payments capped at 7% of family income
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§ 98.45(m)(1) — Pay providers prospectively
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§ 98.45(m)(2) — Use enrollment-based payment
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§ 98.16(z), § 98.30(b)(1), and § 98.50(a)(3) — Some grants or contracts for direct services for infants and toddlers, children with disabilities, and children in underserved geographic areas
- § 98.33(a)(4)(ii) — Consumer education requirement to post full monitoring reports which must include compliances and non-compliances and cannot be a blank checklist
Please contact OCC at OCCinfo@acf.hhs.gov with any additional questions.
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