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The law allows the Administration for Children and Families (ACF) to waive provisions or penalties in the law based on a state’s request identifying duplicative requirements preventing effective delivery of child care services, extraordinary circumstances, or the need for an extended period of time for a state legislature to enact legislation to implement the statute. The final rule delineates two types of waivers:

  1. transitional and legislative waivers limited to a 1-year initial period with the option for a one-time 1-year renewal; and
  2. waivers for extraordinary circumstances limited to a 2-year initial period with the option for a one-time, 1-year renewal.

Waivers are subject to approval by the Secretary of Health and Human Services. In order for a waiver to be considered, the state must demonstrate that the waiver will enhance the state’s ability to carry out the purposes of the CCDBG Act and will not contribute to inconsistencies with objectives of the Act. ACF may terminate a waiver if it determines that the performance of the state has been inadequate or that the waiver is no longer necessary to achieve its original purposes.


[1] CCDBG Act of 2014 658I(c); Child Care and Development Fund, 45 C.F.R. § 98.19 (2016).