PolicyBrief
S. 2828
119th CongressSep 17th 2025
Child Care Modernization Act of 2025
IN COMMITTEE

The Child Care Modernization Act of 2025 overhauls federal child care funding by increasing state flexibility, expanding eligibility for assistance, mandating cost-based provider payments, and establishing new grants to boost facility supply and quality.

Deb Fischer
R

Deb Fischer

Senator

NE

LEGISLATION

Child Care Overhaul Mandates Provider Pay Covers Actual Costs, Funds New Facilities, and Expands Eligibility for Working Parents

The Child Care Modernization Act of 2025 is a big deal for every family juggling work and the cost of keeping their kids in quality care. This bill fundamentally changes how federal child care money—the Child Care and Development Block Grant (CCDBG)—flows to states, focusing on two major themes: making it easier for parents to qualify for help and ensuring child care providers can actually afford to stay in business.

The Eligibility Game Changer: More Working Parents Get a Seat at the Table

If you're a working parent, the biggest immediate change is how the bill defines what counts as an "eligible activity" (SEC. 3). Previously, the rules could be pretty rigid. Now, they're expanding the definition to include a lot of real-life scenarios that often derail child care assistance. This includes time spent:

  • Looking for a job or participating in job training.
  • Going to school, including adult education or ESL classes.
  • Taking any kind of mandated leave, whether it’s FMLA, state-level paid leave, or employer-provided time off.

Think about the parent who needs to take two weeks of FMLA leave to care for a sick relative but risks losing their child care subsidy because they aren't technically 'working' during that time. This bill ensures they keep their spot. Furthermore, the income limit remains high—up to 85% of the State Median Income—and the asset limit is set at $1,000,000, which should cover most middle-class families who are struggling with high care costs.

The Cost of Care: Finally Tying Payments to Reality

For child care providers—and ultimately for parents who rely on a stable supply of care—Section 6 is the most significant change. It tackles the long-standing issue of states paying providers so little that they can’t cover their operating costs, leading to high turnover and closures.

This bill mandates that states must certify that their payment rates will be high enough to cover the actual cost of providing care, including staff salaries and operational expenses (SEC. 6). To figure this out, states must develop a statistically valid cost estimation model. This model has to account for real-world factors like location, the age of the children, and the cost of providing care during non-traditional hours (nights, weekends).

There's a catch, though: States have up to five years—until September 30, 2031—to fully implement these cost-based rates. While the intention is sound, that’s a long time for providers running on razor-thin margins to wait for financial stability. Still, the requirement that the model be reviewed every two years and adjusted for cost-of-living increases is a huge win for the long-term viability of the industry.

Building Better Spaces and Supporting the Workforce

Beyond payment rates, the bill addresses the physical and human infrastructure of child care.

1. New Facilities and Startup Grants (SEC. 12): This section introduces brand new grant funding specifically for child care supply and facilities. Providers can now apply for money to:

  • Expand capacity (Startup and Supply Expansion Subgrants) to help them meet licensing standards or offer specialized care.
  • Improve physical spaces (Facilities Subgrants) to renovate, repair, or even build new centers.

This is a direct investment in quality, ensuring that the physical environment where kids spend their day meets health and safety standards. States are required to prioritize providers serving high-need populations, like those in rural areas or those serving children with disabilities.

2. Dedicated Workforce Support (SEC. 7): States must now dedicate at least 9 percent of their CCDBG funds specifically to activities that help with the child care workforce. This means money for recruiting, training, and, crucially, retaining qualified staff. For the teacher making minimum wage, this dedicated funding offers a path toward better professional development and potentially higher wages, which is the key to reducing staff turnover.

The Oversight and Accountability Check

To ensure states are actually delivering on these promises, the bill ramps up accountability. States now have to consult with parents, providers, and employers when creating their child care plans (SEC. 5).

More importantly, they must submit a new annual report detailing the challenges faced by families who should be eligible for assistance but aren't receiving it (SEC. 9). This report must analyze what percentage of their income these families are spending on child care and lay out a five-year plan to increase access and reduce costs for them. This creates transparency and puts pressure on states to close the gap between eligibility and actual enrollment.

Final Takeaway

This bill is a major step toward treating child care as essential infrastructure, not just a private burden. By expanding eligibility, requiring payments based on actual costs, and funding facility improvements, it tackles the twin pressures of access and affordability. While the five-year rollout for cost-based payments is a significant delay, the overall framework sets the stage for a more stable, higher-quality child care system that better supports the realities of modern working families.