New Restrictive Child Care Regulations May Impact Families


Did you know that a lot of decisions that impact child care access and quality in Massachusetts happen outside of legislation, outside of the state budget, and outside, often times, of public view? State agencies that run important statewide services like housing, shelter, and child care actually have a lot of autonomy in rules (policies and regulations) they set that impact families seeking and receiving those services. While we spend a lot of time advocating for important legislation and state funding (which IS really important) we also spend time working with state agencies directly around how to improve the policies and regulations that they have control over. This is called administrative advocacy (a.k.a  advocacy to the Governor’s administration, since all state agencies report to the Governor). We always do this advocacy in a way that is informed by the HFF network of family shelter providers and families experiencing homelessness. There’s opportunity right now for you to learn more, and prepare to take action, on certain regulations at the Department of Early Education and Care in regards to child care services.

Image result for child care images

Following a change in federal law, some new subsidized child care regulations took effect in March, 2019. The really great news is that the federal law says that child care has to be authorized for 12 months at a time, so that families don’t need to jump through hoops multiple times through out the year to continually get their child care re-authorized. During the 12-month period, child care can only be terminated for a few narrow reasons.

However, some of the Massachusetts state policies that were issued in March to implement the new federal law, are concerning and depart from the intention of the federal law including:

  • Requiring unnecessary reporting of information by families to EEC;
  • Making relatively minor infractions liable to be counted towards intentional program violations or fraud (for example, if a consumer does not return a request for information); and
  • Significantly limiting which education programs are to count as a “service need” or valid reason a parent needs child care. Some of the quality education programs subsidy holders are enrolled in right now no longer count based on the MA policy.
  • Fees associated with subsidized care also continue to be far more expensive than the federal benchmark for affordability.

These new regulations do not impact everyone accessing subsidized child care in Massachusetts, for example folks with a Department of Children and Families (DCF) contract slot or a Department of Transitional Assistance (DTA) cash assistance program (TAFDC) voucher are largely not affected, but parents accessing other types of subsidies like a basic income eligible subsidy for child care, homeless contract slots, or teen parent contract slot are more likely to be affected.

What are your thoughts, questions, experiences?

If you or someone you work with or know may be struggling with some of the barriers posed by these policies, please reach out to Greater Boston Legal Services (GBLS). Regardless of where you are in Massachusetts, GBLS may be able to provide legal help and are interested in gathering stories to help in advocacy to change these policies. You can contact Sarah Levy slevy@gbls.org, 617-603-1619 or GBLS’s Welfare Law Unit at:  617-603-1806. If you may be interested in attending the next Department of Early Education and Care board meeting to share your thoughts on the policies during their open comment period, please let us or GBLS know and we will keep you posted when the meeting date is announced.

Liz and Team HFF

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