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

Current through 2024-25, June 19, 2024
Subsection 148-1-III-D - CHILD CARE AND OUTSIDE-SCHOOL-HOURS CENTERS RESPONSIBILITY
1. PURPOSE:

To establish requirements for child day care and outside-school-hours care center participation in the Child and Adult Care Food Program.

2. STANDARDS:
1. A child day care or an outside-school-hours care center may participate in the program as either an independent center or under the auspices of a sponsoring organization; provided, however, that public and private non-profit centers may not participate in the C.A.C.F.P. under the auspices of a for-profit sponsoring organization. Independent centers shall comply with the same provisions as sponsoring organizations.
2. Child day care and outside-school-hours care centers shall be licensed by the Department of Human Services or by military authorities, if located on a military installation. A child day care or outside-school-hours care center which is complying with licensing laws and which is in the process of license renewal may,, if the Department is reasonably sure the license will be renewed, participate or continue to participate in the C.A.C.F.P.
3. Child day care and outside-school-hours care centers shall complete no less often than annually a "Dear Parent" package, updated yearly and provided by the Bureau, for each child for whom meals/supplements will be claimed.
a. When a parent/guardian applies for C.A.C.F.P. participation on behalf of a child who Is a member of a food stamp family or an AFDC assistance units only the sections requesting the child's name, age, racial/ethnic identity, food stamp or AFDC case number, and the applicant parent/guardian's signature, social security number, and date of signature need be completed. Such child shall be automatically eligible for "Free" meals.
b. Applicants who are not eligible for "Free" meals based on membership in a food stamp family or an AFDC assistance unit, shall complete the "Dear Parent" application as follows:
1 If the application is for a "Foster Child" the child shall be considered to be a family of one and only funds available to the child shall be listed as income. The application shall also indicate this is a "Foster Child." . All other portions of the application shall be completed.
2 Households not meeting the Requirements of (a) and (b.1) but whose total household income does not exceed the maximum "Reduced-Price" guidelines shall complete all portions of the application.
3 Households whose total income places them above the guidelines for "Free" or "Reduced-Price" meals may indicate "Over income" in the family size and income portion of the application and shall complete all other portions.
4. Child day care and outside-school-hours care centers shall keep daily meal count/attendance records of all. enrolled children. A meal count/attendance record may cover a period of one day, one week.. or one month. The report shall be completed at the time of meal/supplement service for each center and include:
a. The day, month and year of the report;
b. The name of the center;
c. The name and age of each child enrolled in the program;
d. Each enrolled child's presence or absence in the program for each day the center operated; and
e. The meals and/or supplements claimed for reimbursement for each child in attendance each day.
5. Child day care and outside-school-hours care centers may claim only two meals and one supplement or one meal and two supplements per child per day of operation, unless one of the following standards is met:
a. If time-in, time-out documentation is maintained for every child in attendance each day the center is in operation, and at least 2 hours elapse between the service of any two meal types, two meals and two supplements or three meals and one supplement may be claimed for each child who was in care at least 8 hours and during each meal service claimed on the day(s) In question; or
b. If the center's documented and adhered to meal service pattern shows a lapse of at least 8 hours between the end of the first meal service of the day and the beginning of the fourth meal service of the day, and at least two hours elapse between the service of any two meal types, two meals and two supplements or three meals and one supplement may be claimed for any child who was in care during each meal service claimed on the day(s) in question.
6. Child day care and outside-school-hours care centers shall maintain daily menus, food production reports, and records, by age group, of the number of meals by type prepared for service to enrolled children and to adults performing labor necessary to the food service.
a. A menu shall:
1 Be completed for each meal and supplement provided to children enrolled in the C.A.C.F.P.;
2 Contain the date and day of the week for which the meal/supplement is planned;
3 List each component of the meal/supplement separately; and
4 Be conspicuously displayed for parental or Supervisory review.
b. A Food Production report shall:
1 Be completed for each meal and supplement prepared;
2 Contain a list of food items prepared;
3 Specify the total quantity prepared of each food item;
4 Show the number of children, by age group, the meal was prepared to serve; and
5 The number of attendant adults to be served.
7. Child day care and outside-school hours care centers shall ensure that meals are planned on the basis of one meal/supplement per child expected to be in attendance plus double the U.S.D.A. defined minimum portion size for children in the 3 through 5 age group for each adult expected to be served. If the number of children and/or adults in attendance exceeds the number planned the quantity of each food item prepared must be adjusted upwards and documented accordingly.
8. Child day care and outside-school-hours care centers may utilize existing school food service facilities or other vendor service to obtain meals. The responsibilities and requirements of each party shall be embodied in a written contract between the child day care center and the vendor. The center shall maintain responsibility for all financial and program requirements set forth in this manual. A copy of each vendor contract shall be submitted to the Bureau for inclusion as part of the Bureau's C.A.C.F.P. agreement with the .organization.
9. Child day care centers or outside-school-hours care centers shall be responsible for ensuring that meals/supplements received from vendors meet or exceed the minimum component and quantity requirements spelled out in Section IV of this manual.
10. Child day care centers shall ensure that each meal/supplement served is supervised by an adequate number of staff.
11. Organizations which contract for food service or meal delivery with other than public or private non-profit schools are considered to be dealing with a Food Service Management Company and must assure all provisions of 7 CFR Part 226, § 226.21 are met in their entirety.
12. A child day care center participating in the C.A.C.F.P. shall serve one or more of the following meal types: Breakfast, A.M. Supplement, Lunch, P.M. Supplement, Supper, Evening Supplement. A participating center:
a. Shall only claim the meal types specified in Its approved agreement and served in compliance with meal pattern requirements of Section IV of this manual; and
b. Shall plan for meals and supplements so that there are at least 2 hours between the beginning of each meal and/or supplement service.
13. Outside-school-hours care centers participating in the C.A.C.F.P. shall serve one or more of the following meal types: Breakfast, A.M. Supplement, P.M. Supplement, Supper, and Evening Supplements to enrolled children outside of school hours. Outside-school-hours care centers:
a. Shall not claim for reimbursement more than two meals and one supplement or one meal and two supplements provided daily to each enrolled child in attendance.. unless the requirements relating to claiming two meals and two supplements or three meals and one supplement which were spelled out in Section III, Subsection D, page #2, item #5, and the meal hour requirements spelled out in item #14 below are met.
b. Shall only claim the meal types specified in its approved agreement and served in compliance with meal pattern requirements of Section IV of this manual.
14. Outside-school-hours care centers shall ensure that each meal service is supervised by an adequate number of operational personnel trained in C.A.C.F.P. requirements. Operational personnel shall ensure that:
a. Meals are served only to children enrolled for care and to adults who perform necessary food service labor;
b.
1 Three hours shall elapse between the beginning of one meal service and the beginning of another, except that 4 hours shall elapse between the services of a lunch and supper when no supplement is served between lunch and supper.
2 The service of a supper shall begin no later than 7:00 P.M. and end no later than 8:00 P.M.
3 The duration of a meal service shall be limited to two hours for a lunch or a supper and one hour for any other meal/supplement;
c. Reimbursement shall not be claimed for meals served to children who are not enrolled, or for meals served to children at any one time who are in excess of the center's authorized capacity;
d. Meals are served and consumed on the premises of the center;
e. Meals are planned on the basis of average daily attendance;
f. Outside-school-hours care centers may serve lunch on weekdays to enrolled children attending schools which do not offer a lunch program. Lunch may be served to all enrolled children during periods of school vacation, including weekends and holidays; and
g. Outside-school-hours care centers may not operate under the program on weekends only.

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