Fight Back on Proposed Regulation Changes that Could Destabilize Child Care
On January 2, 2026, the Trump Administration’s Department of Health and Human Services (HHS) proposed a major rollback of 2024 Biden-era child care subsidy regulations. Those regulations made historic steps to improve access and affordability of child care for families and to raise worker compensation needed to recruit and retain a qualified workforce.
These changes would eliminate:
- The 7% cap on family co-payments while encouraging states to waive co-payments for other categories of families in the most need of affordable care.
- The requirement that child care providers be paid prospectively, or by the first day child care services take place rather than weeks after the month ends.
- The requirement that providers are paid based on a child’s authorized enrollment rather than attendance, meaning family absences would lessen pay providers receive, despite fixed costs you have.
The Department of Health and Human Services Needs to Hear from Us
We have the opportunity to weigh in and make our collective voices heard by leaving a comment about the proposed changes before 8:59 pm on February 4. Below, please find a short video explaining how to leave a comment for HHS, as well as some sample remarks to help you share the impact of these changes on you as well as the children and families who rely on you.
Need some inspiration or suggestions for your comments? Find some guidance below:
- Prospective Payments and Payments for Enrollment not Attendance: If, at times, you do not receive payment for services provided for a long period of time after you have already provided the service — how does this impact you and your child care? Does the delayed payment impact your decision to take children who receive child care subsidies?
How would eliminating prospective payments which California has said they will move to in 2026 impact your decision to accept children receiving child care subsidies?
How does paying for certified need (also called payment by enrollment and not attendance) help increase provider participation in the CCDF program? How would you be impacted if you didn’t get paid for days children were sick or didn’t attend your child care? - Other sample remarks:
- Paying providers prospectively, or at the start of the week or the month I am providing child care, helps make sure I have the resources to support a new child immediately once they enter my care [provide personal examples/stories if you have them].
- Paying providers like me based on certified need, or by enrollment, ensures regular, consistent payments to me which improves the financial stability of child care providers. [provide example if you have of how this policy helps you]
- Making prospective payments contingent on attendance and not enrollment will harm access for working families. It will also diminish California’s ability to recruit and retain a qualified workforce that working families rely on.