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

Current through 2024-25, June 19, 2024
Subsection 148-1-III-E - DAY CARE HOME RESPONSIBILITY
1. PURPOSE:

To establish requirements for child day care home participation in the Child and Adult Care Food Program.

2. STANDARDS:
1. A Child Day Care Home is a facility licensed or registered by the Department for the provision of child day care services which has a capacity of 12 or fewer children. A home which is complying with State of Maine licensing/registration laws and which is in the process of license/ registration 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. Child day care homes located on military installations shall meet the standards established by the appropriate military authority and maintain appropriate certification.
2. Child day care homes participating in the C.A.C.F.P. shall participate only under the auspices of a participating public or non-profit sponsoring organization.
3. The child day care home and the sponsoring organization shall enter into agreement by completing and signing Form BSSFP-433.
a. Either the child day care home provider or the sponsoring organization may terminate the agreement for participation in the C.A.C.F.P. The notice of termination shall be in writing giving the date the action is requested and the reason(s) for the termination.
b. If termination action is initiated by the sponsor due to "cause or convenience" the standards spelled out in Section III, Subsection III, Standard #7 must be met.
4. The child day care home shall serve one or more of the following meal types: Breakfast, A.M. Supplement, Lunch, P.M. Supplement,, Supper, Evening Supplement.
5. The child day care home shall ensure that at least 2 hours elapse between the service of any two meal types. If a meal/supplement is served in shifts the beginning of service of the next meal/supplement may not begin less than two hours following the service of the final shift of the previous meal type.
6. The child day care home shall not claim for reimbursement more than one meal and two supplements or two meals and one supplement provided daily to each enrolled child in attendance.
7. Child day care homes shall serve meals and supplements which meet or exceed the meal pattern requirements specified in Section IV of this manual.
8. A child day care home may not charge a separate and identifiable amount for any meal or supplement served to an enrolled child.
9. A child day care home provider shall not claim for reimbursement meals served to enrolled children in excess of the home's licensed/registered capacity unless the attendance pattern demonstrates that no more than the hornets licensed/registered capacity will be in attendance at any one time and the attendance pattern is approved by the sponsoring organization.
10. Child day care homes shall prepare and maintain menus on a daily basis. The menu shall:
a. Be completed for each meal/supplement provided to children in the home;
b. Contain the date and day of the week for which the meal/supplement is planned.
c. List each component of the meal/supplement separately; and
d. Be conspicuously displayed or provided for parental or sponsor review at least one day in advance of the meal/supplement service.
11. Child day care hams shall maintain daily records of the number of children in attendance and the number of meals, by type, claimed for each enrolled child. The meal count/attendance record may cover a period of one day, one week, or one month, but shall be completed daily and include:
1 The day(s), month and year of the report;
2 The name of the child day care home provider;
3 The name and age of each child enrolled in the program;
4 In registered homes the relationship of any "related children" to the provider;
5 Each enrolled child's presence or absence in the program for each day the home was in operation; and
6 The meals/supplements claimed for each child in attendance for each day the home was in operation.
12. Meal count/attendance records and menus shall be submitted to the sponsor at least monthly. The meal/count attendance record shall serve as the billing form from the home to the sponsor. The meal count/attendance form shall be signed, dated by the participating home provider,, and contain the following certification:

"I HEREBY CERTIFY that all of the above information is true and correct. I understand that this information is being given in connection with the receipt of Federal funds and that deliberate misrepresentation may subject me to prosecution under applicable State and Federal criminal statutes."

13. The child day care home shall complete, no less often than annually, an enrollment form for each child, which shall include:
1 the child's name, age, and racial/ethnic identification,
2 a statement that the child receives child day care services in the home of (Provider's Name) and will participate in the Child and Adult Care Food Program, and
3 the parent or legal guardian's signature and date of signature.
14. Payment may be made for meals served to the provider's own children only when:
a. Such children are enrolled and participating in the child day care program during the time of the meal service;
b. Enrolled nonresident and unrelated children are present and participating in the child day care program; and
c. A "Dear Parent" enrollment package,, as used to enroll children in child day care centers, has been completed showing:
1 the provider's children meet the C.A.C.F.P. age requirements,
2 either the provider's family meets the family size, income, social security number, and racial/ethnic identity standards to qualify for "Free" or "Reduced-price" meals, or the provider's children are categorically eligible for "Free" meals because of membership In a food stamp household or an AFDC assistance unit,
3 enrollment forms must be signed and dated by the provider and completed no less often than annually.
15. Reimbursement may not be claimed;
a. for meals served to children who are not enrolled;
b. for meals served at any one time to children in excess of the home's authorized capacity;
c. for meals served to the provider's children who are not eligible for "Free" or "Reduced-price" meals; or
d. for meals served to a child whose enrollment form was completed more than 12 months prior to the date of meal service.
16. Child day care homes participating in the C.A.C.F.P. shall not be required to report home operating costs to sponsoring organizations.
17. A "Foster child" residing in the provider's home may participate In the C.A.C.F.P. provided:
a. The foster child is enrolled in the program as a family of one using the C.A.C.F.P. "Dear Parent" enrollment package; and
b. The provider only claims meals/supplements served to such child when at least one other enrolled child.. who is not a resident of the provider's household, is present for child care purposes,, and is in attendance for the meal/supplement.

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