The ECCD Council is a government organization established by the Philippine government in 2009 through Executive Order (EO) No. 778. The Council for the Welfare of Children (CWC) was initially tasked to serve as a national ECCD coordinating council in 2000 through Republic Act (R.A.) 8980 or the ECCD Act.

These laws-including Executive Order (EO) No. 806 (Affirming the Roles of the ECCD Council and the CWC) and EO. 778 (Transforming the CWC into the ECCD Council)-mandate the ECCD Council as the primary agency to support the government's ECCD programs, covering health, nutrition and early learning for children aged 0-6 years.

In 2013, Republic Act (R.A.) 10410 or the Early Years Act repealed the R.A. 8980, changing the definition of early childhood from 0-6 years to 0-8. In addition, the new law clearly delineates the functions of the ECCD Council and the Department of Education with regards to early education and care.

The Early Years Act declares that the State "recognizes the age from zero (0) to eight (8) years as the first crucial stage of educational development of which the age from zero (0) to four (4) years shall be the responsibility of the Early Childhood Care and Development (ECCD) Council. Therefore, the responsibility to help develop children in the formative years between ages five (5) to eight (8) years shall be with the Department of Education (DepED)."