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While Tribal CCDF Lead Agencies are exempt from most of the new requirements in this Final Rule, there are several important new flexibilities for Tribes related to construction, family co-payments, and provider payment practices.
Specifically, this final rule supports Native families by lowering child care costs and making enrollment easier and faster. The final rule also provides increased flexibility for Tribal Lead Agencies on construction renovations and spending deadlines as well as approaches to provider payments. Tribal Leaders, Tribal CCDF Lead Agencies, Tribal child care providers, Tribal families, and other interested parties are encouraged to read this Final Rule and related resources. Unless explicitly stated in the Subpart I of the Final Rule, regulations in previous final rules remain in effect for Tribal Lead Agencies.
On July 27, 2023, the Department of Health and Human Services, Administration for Children and Families (ACF) published a formal request for information (RFI) on the child care requirements, regulations, and processes for Tribal Nations that administer the Child Care and Development Fund (CCDF) program.
The Child Care and Development Block Grant (CCDBG) Act of 2014 provided opportunities to offer flexibility to Tribes in certain areas where there are unique needs. This final rule balances the CCDF dual goals of promoting families’ financial stability and fostering healthy child development, while providing flexibility for Tribal communities. The requirements in this final rule focus on the importance of health and safety and high-quality child care. The final rule is the result of several months of consultation on the new law and on the Notice of Proposed Rulemaking (NPRM) with Tribes, as well as past consultations and Tribal listening sessions.