HHS Announces Notice of Public Rulemaking for Flexibility for Tribes Using Childcare Funds

On July 16, 2024, the U.S. Department of Health and Human Services (HHS) announced a Notice of Proposed Rulemaking (NPRM) to increase flexibility for tribal nations to use funds from the Child Care and Development Fund (CCDF) without a previously imposed income requirement on eligibility to receive services from this funding.

This proposed new rule would:

• Eliminate the previous requirement imposed on tribes who received award allocations of over $250,000 that CCDF funds could only support children whose family income was at a certain level (determined by median income in the area and an asset test). Instead, tribes would be able to use CCDF funds to support families in their community regardless of their income level. This flexibility is already permissible for tribes who receive award allocations under $250,000 from this fund.
• This allows for tribal communities to exercise sovereignty in decision making of who is eligible to receive these childcare services. Tribes would be able to determine what is best for the children and families in their community as opposed to a federally imposed income limit for eligibility.
• Flexibility in funding allows for opportunities for tribes to align childcare with other programs that support Native children and families, including home visiting, Head Start and Early Head Start, and tribally funded preschool, all of which can be integrated with cultural values to enhance the care of Native children and support for them and their families.

Childcare is intricately linked to overall child welfare and well-being. Early childhood programs, including childcare, are crucial components in the identification of child abuse and neglect in young children. Childcare services help parents and caregivers in many ways, not only by providing care to children so their parents may work or go to school but also by creating a large support network of many adults in a community who are looking out for a child’s best interests and to support their caregivers in fulfilling them.

The Office of Child Care in the Department of Health and Human Services seeks comments on establishing the components of this proposed rule by September 16, 2024.

NICWA strongly encourages tribes, states, and ICWA advocates to submit public comments to support the proposed rule. We drafted a sample letter to assist in developing comments, which can be found below. NICWA acknowledges the short timeline and understands if this is not possible for tribes to submit their own comments by the deadline, but appreciates support for this NPRM.