This Instruction is intended to clarify the policy concerning classifying applicants in the CACFP. The classification of certain center programs as either independent centers or sponsoring organization/sponsored center(s) should be made from the program administrative information contained on the Application for Participation and Management Plan for Sponsoring Organizations.
Section 226.15(e) of the current regulations requires institutions to establish procedures to collect and maintain necessary program records.
The Child Nutrition and WIC Reauthorization Act of 1989 amended the National School Lunch Act to provide for additional administrative payments to sponsoring organizations wishing to expand into rural and low-income areas.
We recently received an inquiry regarding the appropriate interpretation of that the portion of Section 226.6(d)(3) f the CACFP) regulations that reads “Licensing or approval is not available when (i) no federal, state or local licensing/approval standards have been established for child care centers, outside-school-hours care centers, or day care homes; or (ii) no mechanism exists to determine compliance with licensing approval standards.”
Attached is the third set of questions and answers on the two-tiered reimbursement structure for family day care homes in the CACFP. Also attached are: (1) “Enrollment and Attendance List Examples”; and (2) “Computing Reimbursement for a Tier H Mixed Home.”
The purpose of the Child and Adult Care Food Program, as set forth by the National School Lunch Act, is to provide meal assistance in nonresidential child care situations.
Section 17(a) of the National School Lunch Act limits participation in the Child and Adult Care Food Program to nonresidential institutions providing child care.
This Instruction prohibits the denial of meals and milk as a disciplinary action against any child who is enrolled in a school participating in the child nutrition programs. Such denial of meals or milk is inconsistent with Section 2 and 9 of the National School Lunch Act and Sections 2,3, and 4 of the Child Nutrition Act of 1966.
Program regulations require administering agencies (state educational, alternate or distributing agencies, or Food and Nutrition regional offices) to enter into written agreements with school food authorities or sponsoring organizations of child care facilities or summer sites which desire to participate in one or more of the Department's child nutrition programs.
This Instruction provides clarification of the appropriateness of using program funds for child care standards compliance. Section 226.4(a) of program regulations provides that "FNS shall make funds available to each state agency to reimburse Institutions for their costs in connection with food service operations, including administrative expenses .... "It is Incumbent upon Institutions to use program payments only for costs Incurred In operating and administering the program.