C.M.R. 10, 148, ch. 1, 148-1-III, subsec. 148-1-III-C

Current through 2024-25, June 19, 2024
Subsection 148-1-III-C - ORGANIZATION/SPONSORS RESPONSIBILITY
1. PURPOSE:

To establish and define, as minimum, an organization's/sponsor's responsibilities to the facilities it operates/sponsors and to the Bureau of Child and Family Services

2. STANDARDS:
1. The organization shall comply with current Federal and State laws and requirements and is responsible for the submission of a completed initial or renewal application and management plan for participation for itself and the adult day care or child day care facilities it operates or sponsors to the Bureau for processing and approval.
2. The organization shall accept final administrative and financial responsibility for food service operation in all adult or child day care facilities under its jurisdiction.
3. The organization shall annually state its preference, in writing, to receive either donated commodities or cash-in-lieu of commodities. The selection shall apply to all centers or child day care homes operated or sponsored by the organization.
a An organization which elects to receive donated commodities for the adult day care centers or child day care centers it operates shall not be eligible to receive, cash-in-lieu of commodities payments for lunches or suppers served to enrolled participants in those centers.
b An organization which elects to receive donated commodities for the child day care homes under its sponsorship shall receive the current U.S.D.A. reimbursement rate for lunches and suppers served to enrolled children in approved homes less the current cash-in-lieu of commodities rate.
4. Each organization shall provide adequate supervisory and operational personnel for the effective management and monitoring of the program at all facilities under its jurisdiction. At a minimum., such program assistance shall include:
a. Pre-acceptance visits to each adult day care or child day care facility for which application is made to discuss program benefits and to verify that the proposed food service does not exceed the. capability of the facility;
b. Training for all adult day care or child day care facility staff. Such training shall address C.A.C.F.P. duties and responsibilities and shall occur prior to the beginning of C.A.C.F.P. participation.
c. Additional training sessions to be scheduled and provided for all staff and/or child day care home providers* at least once each year. These sessions shall be documented by:
1 an agenda of topics addressed,, showing the date and location of each session;
2 attendance sheets showing the name of each participant and attendee; and
3 evidence that information relating to the sessions was made available to all staff and providers who were not able to attend.
d. Reviews of food service operations to assess compliance with requirements for meal patterns and recordkeeping. Such reviews shall be patterned after the Bureau's Supervisory Review mechanism and shall be conducted at least:
1 Three times each year at each adult or child day care center, provided at least one review is conducted during each center's first six weeks of program participation and not more than six months elapse between reviews;
2 Three times each year at each child day care homes, provided at least one review is conducted during each home's first four weeks of program participation and not more than six months elapse between reviews; and
3 Six times each year for each outside-school-hours care center, provided at least one review is conducted during each such center's first four weeks of program participation and not more than three months elapse between reviews.
e. The organization shall maintain information concerning the location and date of each adult and child day care facility review, any problems noted, and the corrective action prescribed and effected.
5. The sponsoring organization shall submit a copy of a signed application for each center's and child day care home's participation to the Bureau for approval.
a. An application for sponsorship of a child day care home that appears on the sponsorship lists of any other organization shall not be accepted by the Bureau unless:
1 The child day care home gives its current sponsoring organization advance written notice of the desire to terminate the sponsor/home relationship.
2 The current sponsor organization gives the Bureau written notice that its agreement with the child day care home is being terminated. Such notice must specify the effective date of the termination and must be submitted to the Bureau upon receipt of the advance written notice from the child day care home.
3 The start date of a previously sponsored home does not occur in the same claiming month as the termination from the previous sponsor. The State may not pay sponsor administrative expense funds to two sponsors for the same home in the same month.
b. No sponsor shall be approved by the State to accept more than two (2) child day care homes per claiming month which appear on the sponsorship list of any other organizations. This allows an organization to accept a maximum of 24 transfers during any agreement period. The only exceptions to this policy shall be at the discretion, of the State and only in situations such as, but not limited to, the termination of a sponsoring organization from the C.A.C.F.P.
c. An organization shall not claim for reimbursement meals/supplements served in a center or child day care home until approval and effective date for operations of the center or sponsorship of the child day care home has been received from the Bureau.
d. A sponsoring organization shall not claim administrative reimbursements for, or show as operating, any home that does not provide service or reimbursable meals/supplements to children during the month being reported.
6. An organization shall maintain records of attendance for each facility it operates or sponsors.
a. A licensed center or child day 'care home may not claim in excess of its licensed capacity for any meal/supplement unless documentation is made available monthly to the organization which shows the times-in and times-out of all participants in order to clearly demonstrate the licensed capacity was not exceeded at any one time.
b. A registered child day care home is limited to serving the number of unrelated children cited on the registration certificate plus related children. A registered child day care home may only claim up to the number of children cited on the registration certificate for any meal/supplement type unless documentation is made available monthly to the sponsor which shows the times-in and times-out of all unrelated children in order to clearly demonstrate the registered capacity was not exceeded at any one time. A child related to the provider in accordance with the previously stated definition of "Related Children" may be claimed without regard to the registered capacity only if such child's relationship to the provider is clearly indicated on the child's C.A.C.F.P. enrollment form and on the provider's daily meal count and attendance forms. The provider's own children may only be claimed if the provider has completed a "Dear Parent" enrollment package as described in subsection B, standard(b) (ii) of Section III of this manual.
7. A sponsoring organization may terminate an agreement with a child day care home to participate in the C.A.C.F.P. for cause or convenience only by written notice.
a. The written notice shall give the child day care home provider the effective date of the action and the reason(s) for the termination.
b. If the termination is for cause, the notice shall cite the appropriate section of the C.A.C.F.P. policy manual that has been violated, the corrective actions that were attempted and the technical assistance provided.
c. A copy of the termination action shall be forwarded to the Department of Human Services, C.A.C.F.P. Program Specialist.
8. An organization proposing to develop a home sponsorship or to increase the number of child day care homes sponsored may make application to the Bureau for "Start-Up Funds." An organization applying for "Start-up Funds" shall:
a. Meet the requirements stated in Section III, Subsection A;
b. Submit a management plan detailing:
1 the number of recruitment contacts to Prospective day care homes being proposed;
2 the timelines for project start and finish, (such time lines may not extend into a second agreement period);
3 the names of home providers already contacted who are expected to participate in the program; and
4 plans for training new home providers.. and the number of pre-approval visits.
c. Sponsor fewer than 50 child day care homes at the time of application for "Start-up Funds" and receive funds to start no more than the difference between 50 homes and the number sponsored at the time of application;
d. Submit a budget detailing the costs expected to be associated with the start-up of child day care homes. The total amount of "Start-up Funds" to be advanced shall not exceed twice the current monthly sponsor administrative payment rate multiplied by the number of homes expected to be started during the project period;
e. Maintain program and financial records for the start-up project separate from any other program records;
f. Provide documentation of start-up activities performed, and related costs incurred, by the sponsoring organization to the Bureau;
g. Not receive more than one approved agreement for "Start-up Funds";
h. Not claim as part of the "Start-up Funds" project:
1 any expenses incurred for a child day care home after the effective date of adding that home to its sponsorship;
2 expenses related to recruiting any homes already sponsored by the organization already participating in the C.A.C.F.P. under other sponsorship, or which at some time in the past participated In the C.A.C.F.P. and
3 any expenses incurred prior to start or after the expiration date of the project.
i. Repay, upon demand by the Bureau* any "Start-up Funds" not expended in accordance with the approved agreement or funds advanced in excess of actual project expenditures.
9. Sponsoring organizations which are not eligible for "Start-up Funds" because they have already completed a "Start-up Funds" project or because they already sponsor 50 or more child day care haws which wish to further expand their sponsorships may make application to the Bureau for an "Expansion Funds for Low-Income or Rural Areas" project. An organization applying for "Expansion Funds" shall:
a. Meet the requirements stated in Section III, Subsection A.
b. Submit a management plan detailing:
1 the number of recruitment contacts to prospective child day care homes being proposed;
2 the time lines for project start and finish (such project shall not exceed 12 consecutive calendar months);
3 the names of those home providers already contacted who are expected to participate in the C.A.C.F.P.; and
4 Plans for training new home providers and the number of pre-approval visits.
c. Allow at least one full year to elapse if the organization has already received "Start-up Funds", since the organization satisfied all Its obligations under such project.
d. Submit a budget detailing the costs expected to be associated with the "Expansion Funds" project.
e. Be advanced "Expansion Funds" in an amount not less than the current sponsor administrative expense reimbursement rate for one month multiplied by the number of child day care homes anticipated to be recruited as part of the "Expansion Funds" project, and not more than twice the current sponsor administrative expense reimbursement rate multiplied by the number of homes anticipated to be recruited as part of the project.
f. Maintain all records related to the "Expansion Funds" project separate from all other program or project records.
g. Provide documentation of "Expansion Funds" activities performed and of all related costs incurred to the Bureau. The amount of "Expansion Funds" ultimately received by the organization may not exceed the amount actually expended by it.
h. Not receive more than one approved project for "Expansion Funds."
i. Not claim as part of the "Expansion Funds" project:
1 any expenses incurred for a child day care home after the effective date of addition of that home to its sponsorship;
2 expenses related to recruiting any homes already sponsored by the organization, already participating in the C.A.C.F.P. under other sponsorship, or which at some time in the past participated in the C.A. C. F. P. ; and
3 any expenses incurred prior to the start or after the expiration dates of the project.
j. "Expansion Funds" may only be expended for activities directed towards reaching homes in "rural" or "low-income" areas.
1 "Rural" is defined as any area in a county which is not a part of a Metropolitan Statistical Area (MSA) or any "pocket" within a NSA which,, at State agency option,, and only with USDA Regional Office approval, is determined to be geographically isolated from urban areas,
2 "Low-income" is defined as an area in which poor economic conditions exist. In order to determine if an area is "low-income" 50% or more of the children enrolled in the school or schools serving the children who live in the area where the C.A.C.F.P. expansion is to occur must be eligible for "Free" or "Reduced-Price" meals under the National School Lunch or School Breakfast Programs.

In order to determine if an area is "low-income" the sponsor shall directly contact the local school or schools serving the area in order to acquire and provide to the Bureau the following:

1 The name and location of the school(s) serving the children who reside within the "Expansion Funds" project area;
2 The number of children who are eligible for "Free" or "Reduced-Price" meals who are enrolled in the school(s); and
3 The total number of children enrolled in the school(s).
k. When determining if an area is "rural", that is, outside a Metropolitan Statistical Area, the following information must be considered. In Maine the Federal Government recognizes four MSA's. They are as follows and include the towns and cities listed:
1 Bangor, Maine:

Bangor City, Brewer City, Eddington Town, Glenburn Town, Hampden Town, Hermon Town, Holden Town, Kenduskeag Town, Old Town City, Orono Town, Orrington Town, Penobscot Indian Island Indian Reservation, Veazie Town, Winterport Town.

2 Lewistor-Auburn, Maine:

Auburn City, Greene Town, Lewiston City, Lisbon Town, Mechanic Falls Town, Poland Town, Sabattus Town.

3 Portland, Maine:

Buxton Town, Cape Elizabeth Town, Cumberland Town, Falmouth Town, Freeport Town, Gorham Town, Gray Town, Hollis Town, Portland City, Raymond Town, Scarborough Town,, South Portland City, Standish Town, Westbrook City, Windham Town, Yarmouth Town.

4 Portsmouth-Dover-Rochester New Hampshire, Maine:

Berwick Town, Eliot Town, Kittery Town, North Berwick Town, Ogunquit Town, South Berwick Town, Wells Town, York Town.

10. Once an application for "Expansion Funds" has been received the Bureau shall:
a. Notify the applicant organization of approval or disapproval of the project within 30 calendar days.
b. If an application is incomplete the Bureau shall so notify the organization within 15 calendar days and provide technical assistance as needed.
c. The Bureau may approve too organizations to expand into the same area provided there is no overlap of child day care homes and so long as "Expansion Funds" are not approved twice for recruitment of the same home.
d. Encourage "Expansion Funds" projects to be directed to "unserved areas." An "unserved area" is one in which child day care homes may wish to participate In the C.A.C.F.P. but are not able to because no sponsor organization serves that area.
11. Any organization which is approved for an. "Expansion Funds" project must repay, upon demand by the Bureau, any "Expansion Funds" not expended in accordance with the approved agreement or funds advanced in excess of actual project expenditures.
12. Organizations shall distribute no less often than annually, the "Dear Parent" or "Dear Household Member" package, updated yearly and provided by the Bureau, to each adult day care center applicant or to the parent(s), guardians of each child enrolled in a center or to those child day care home providers wishing to claim meals/supplements served to their own children. The "Dear Parent" and "Dear Household Member" package shall be used to:
a. Enroll all applicants for C.A.C.F.P. participation in all centers.
b. Inform applicants, or parents/guardians of the current enrollment requirements and income eligibility guidelines for "Free" and "Reduced-Price" meals/supplements;
c. Annually update each adult's or child's eligibility status through completion of the enrollment form included in the "Dear Parent" or "Dear Household Member" package; and
d. Acquire the required Racial/Ethnic identity information for each child or adult for whom C.A.C.F.P. meal/supplement payment will be claimed.

C.M.R. 10, 148, ch. 1, 148-1-III, subsec. 148-1-III-C