TITLE 8 SOCIAL SERVICES
CHAPTER 2 FOOD ASSISTANCE AND SUPPORT
PART 2 REQUIREMENTS
FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD
PROGRAM
8.2.2.1 ISSUING AGENCY: Children, Youth and Families Department
(CYFD).
[8.2.2.1 NMAC - Rp, 8.2.2.1 NMAC, 06-15-09]
8.2.2.2 SCOPE: This policy applies to all CYFD staff who
work with the child and adult care food program (“CACFP”) and to participating
institutions including sponsoring organizations, independent centers and family
child care providers.
[8.2.2.2 NMAC - Rp, 8.2.2.2 NMAC, 06-15-09]
8.2.2.3 STATUTORY AUTHORITY: The NM food assistance and support program
regulations are administered pursuant to regulation promulgated by the US department
of agriculture Code of Federal Regulations, 7 CFR Part 226, pursuant to Section
17 of the National School Lunch Act, as amended.
[8.2.2.3 NMAC - Rp, 8.2.2.3 NMAC, 06-15-09]
8.2.2.4 DURATION: Permanent
[8.2.2.4 NMAC - Rp, 8.2.2.4 NMAC, 06-15-09]
8.2.2.5 EFFECTIVE DATE: June 15, 2009, unless a later date is cited at
the end of a section.
[8.2.2.5 NMAC - Rp, 8.2.2.5 NMAC, 06-15-09]
8.2.2.6 OBJECTIVE: To establish regulations for administration
of the child and adult care food program, (“program”), including requirements
for participating organizations.
[8.2.2.6 NMAC - Rp, 8.2.2.6 NMAC, 06-15-09]
8.2.2.7 DEFINITIONS:
A. “Act” means the National School
Lunch Act, as amended.
B. “Administrative costs” means costs
incurred by an institution related to planning, organizing, and managing a food
service under the program and allowed by the state agency financial management
instruction.
C. “Administrative review” means the
fair hearing provided upon request to:
(1) an institution that has
been given notice by CYFD of any action or proposed action that will affect
their participation or reimbursement under the program, in accordance with 7
CFR Part 226.6(k);
(2) a principal or individual
responsible for an institution’s serious deficiency after the responsible
principal or responsible individual has been given a notice of intent to
disqualify them from the program; and
(3) a day care home that has
been given a notice of proposed termination for cause.
D. “Administrative review official”
means the independent and impartial official who conducts the administrative
review held in accordance with 7 CFR Part 226.6(k).
E. “Adult” means, for the purposes of
the collection of social security numbers as a condition of eligibility for
free or reduced-price meals, any individual 21 years of age or older.
F. “Adult day care center” means any
public or private nonprofit organization or any proprietary Title XIX or Title
XX center (as defined herein at BM and BN) which (a) is licensed or approved by
federal, state or local authorities to provide nonresidential adult day care
services to functionally impaired adults (as defined herein at AN) or persons
60 years of age or older in a group setting outside their homes on a less than
24-hour basis and (b) provides for such care and services directly or under
arrangement made by the agency or organization whereby the agency or
organization maintains professional management responsibility for all such
services. Such centers shall provide a structured, comprehensive program that
provides a variety of health, social and related support services to enrolled
adult participants through an individual plan of care.
G. “Adult day care facility” means a
licensed or approved adult day care center under the auspices of a sponsoring
organization.
H. “Adult participant” means a person
enrolled in an adult day care center who is functionally impaired (as defined
herein at AN) or 60 years of age or older.
I. “Advanced payment” means financial
assistance made available to an institution for its program cost prior to the
month in which such costs will be incurred.
J. “At-risk afterschool care center”
means a public or private nonprofit organization that is participating or is
eligible to participate in the CACFP as an institution or as a sponsored
facility and that provides nonresidential child care to children after school
through an approved afterschool care program located in an eligible area.
However, an emergency shelter (as defined herein at Z), may participate as an
at-risk afterschool care center without regard to location.
K. “Block claim” means a claim for
reimbursement submitted by a facility on which the number of meals claimed for
one or more meal type (breakfast, lunch, snack, or supper) is identical for 15
consecutive days within a claiming period.
L. “Center” means a child care center,
an adult day care center, an emergency shelter, or an outside-school-hours care
center.
M. “Child care center” means any public
or private nonprofit institution or facility (except day care homes), or any for
profit center (as defined herein at AL), required to be licensed and which
provides non-residential child care services and supervision for less than 24
hours a day to enrolled children, primarily of preschool age, including but not
limited to day care centers, settlement houses, neighborhood centers, head start
centers and organizations providing day care services for disabled children.
Child care centers may participate in the program as independent centers or
under the auspices of a sponsoring organization.
N. “Child care facility” means a
licensed or approved child care center, day care home or outside-school-hours
care center under the auspices of a sponsoring organization.
O. “Children” means:
(1) persons 12 years of age
and under;
(2) persons aged 15 and under
who are children of migrant workers;
(3) persons with mental or
physical handicaps, as defined by NM law, enrolled in an institution or a child
care facility serving a majority of persons 18 years of age and under;
(4) for emergency shelters,
persons age 18 and under; and
(5) for at-risk after school
care centers, persons age 18 and under at the start of the school year.
P. “Component” means one of four food
categories of the USDA meal pattern requirements arranged by age group,
including:
(1) milk;
(2) meat/meat alternates;
(3) bread/bread alternates;
and
(4) fruits/vegetables.
Q. “Creditable foods” means foods used
to meet the requirements for a reimbursable meal. Foods are creditable based on
the following:
(1) nutrient content;
(2) customary function in a meal;
(3) listed in the US department
of agriculture (“USDA”) food buying guide for child nutrition programs;
(4) listed in the food and drug
administration’s (“FDA) standards of identity; and
(5) is not listed in the children
youth and families department (“CYFD”) non creditable foods list.
R. “Current income” means income
received during the month prior to application for free or reduced-price meals
and multiplied by 12. If such income does not accurately reflect the
household's annual income, income shall be based on the projected annual
household income. If the prior year’s
income provides an accurate reflection of the household's current annual
income, the prior year may be used as a base for the projected annual income.
S. “CYFD” means the New Mexico children,
youth and families department.
T. “Day care home” means an organized
nonresidential child care program for children enrolled in a private home
licensed or approved as a family or group day care home and under the auspices
of a sponsoring organization.
U. “Disallowed claims” requires the
monetary repayment to the state agency resulting from a meal or meals that have
been determined ineligible for reimbursement due to, among other things:
(1) failure to record meals,
types of food served or amounts prepared, in the menu record book as defined
herein at AX;
(2) meals which lack one or
more required components;
(3) meals which contain a non
creditable food as a required component; or
(4) the menu records and food
receipts indicate that not enough food was served, or recorded as served, to
have given each participant the required minimum portion size of each component;
CYFD uses the USDA food buying guide to determine how many servings of each
component were available.
V. “Disclosure” means individual
children's program eligibility information obtained through the free and
reduced-price meal eligibility process that is revealed or used for a purpose
other than for the purpose for which the information was obtained. The term
refers to access, release, or transfer of personal data about children by means
of print, tape, microfilm, microfiche, electronic communication or any other
means.
W. “Disqualified” means the status of an
institution, a responsible principal or responsible individual, or a day care
home that is ineligible for participation.
X. “Documentation” means the completion
of information to determine the eligibility of free and reduced price meals as
required in 7 CFR Part 226.2 (definition of “documentation”).
Y. “Eligible area” means: (a) for the
purpose of determining the eligibility of at-risk afterschool care centers, the
attendance area of an elementary, middle, or high school in which at least 50
percent of the enrolled children are certified eligible for free or
reduced-price school meals; or (b) for the purpose of determining the tiering
status of day care homes the area served by an elementary school in which at
least 50 percent of the total number of children are certified eligible to
receive free or reduced-price meals, or the area based on census data in which
at least 50 percent of the children residing in the area are members of
households that meet the income standards for free or reduced price meals.
Z. “Emergency shelter” means a public
or private nonprofit organization or its site that provides temporary shelter and
food services to homeless children, including a residential child care
institution (“RCCI”) that serves a distinct group of homeless children who are
not enrolled in the RCCI’s regular program.
AA. “Enrolled child” means a child whose
parent or guardian has submitted to an institution a signed document which
indicates that the child is enrolled for child care. In addition, for the purposes
of calculations made by sponsoring organizations of family day care homes in
accordance with 7 CFR 226.13(d)(3)(ii)
and 226.13(d)(3)(iii), “enrolled child” (or “child in attendance”) means a
child whose parent or guardian has submitted a signed document which indicates
the child is enrolled for child care; who is present in the day care home for
the purpose of child care; and who has eaten at least one meal during the
claiming period. For at-risk afterschool care centers, outside-school-hours
care centers, or emergency shelters, the term “enrolled child” or “enrolled
participant” does not apply.
AB. “Enrolled participant” means an “enrolled
child” as defined herein at AA or “adult participants” as defined herein at H.
AC. “Facility” means a sponsored center or
a family day care home.
AD. “Family” means, in the case of
children, a group of related or non related individuals, who are not residents
of an institution or boarding house, but who are living as one economic unit
or, in the case of adult participants, the adult participant, and if residing
with the adult participant, the spouse and dependent(s) of the adult participant.
AE. “Family style meal service” means a
style of meal service in which both adults and children participate in setting
the table, serving the food, eating together and cleaning up after the meal.
AF. “FDPIR” means food distribution programs
on Indian reservations.
AG. “Fiscal year” means a period of 12
calendar months beginning October 1 of any year and ending with September 30 of
the following year.
AH. “FNS” means the food and nutrition service
of USDA.
AI. “FNSRO” means the appropriate regional
office of the food and nutrition service of USDA.
AJ. “Food service management company”
means an organization other than a public or private nonprofit school, with
which an institution may contract for preparing and, unless otherwise provided
for, delivering meals with or without milk for use in the program.
AK. “Food stamp household” means any
individual or group of individuals which is currently certified to receive
assistance as a household under the food stamp program.
AL. “For profit center” means a child care
center, outside-school-hours care center, or adult day care center providing
nonresidential care to adults or children that does not qualify for tax-exempt
status under the Internal Revenue Code of 1986, and meets the criteria of 7 CFR
Part 226.2 (definition of “for profit
center”).
AM. “Free meal” means a meal served under
the program to a participant from a family which meets the income standards for
free school meals; or to a child who is automatically eligible for free meals
by virtue of food stamp, FDPIR or TANF recipiency; or to a child who is a head start
participant; or to a child who is receiving temporary housing and meal services
from an approved emergency shelter; a child participating in an approved
at-risk afterschool care program; or to
an adult participant who is automatically eligible for free meals by
virtue of food stamp or FDPIR recipiency, or is a SSI or medicaid participant.
Regardless of whether the participant qualified for free meals by virtue of
meeting one of the criteria of this definition, neither the participant nor any
member of their family shall be required to pay or to work in the food service program
in order to receive a free meal.
AN. “Functionally impaired adult” means
chronically impaired disabled persons 18 years of age or older, including
victims of Alzheimer’s disease and related disorders with neurological and
organic brain dysfunction, who are physically or mentally impaired to the
extent that their capacity for independence and their ability to carry out
activities of daily living is markedly limited. Activities of daily living
include, but are not limited to, adaptive activities such as cleaning,
shopping, cooking, taking public transportation, maintaining a residence,
caring appropriately for one's grooming or hygiene, using telephones and
directories, or using a post office. Marked limitations refer to the severity
of impairment, and not the number of limited activities, and occur when the
degree of limitation is such as to seriously interfere with the ability to
function independently.
AO. “Household contact” means a contact
made by a sponsoring organization or CYFD to an adult member of a household
with a child in a family day care home or a child care center in order to
verify the attendance and enrollment of the child and the specific meal
service(s) which the child routinely receives while in care.
AP. “Income standards” means the family
size and income standards prescribed annually by USDA for determining
eligibility for free and reduced-price meals under the national school lunch program
and the school breakfast program.
AQ. “Income to the program” means any funds
used in an institution's food service program, including, but not limited to
all monies, other than program payments, received from other federal, state,
intermediate, or local government sources; participant's payments for meals and
food service fees; income from any food sales to adults; and other income,
including cash donations or grants from organizations or individuals.
AR. “Independent center” means a child care
center, at-risk afterschool care center, emergency shelter,
outside-school-hours care center or adult day care center which enters into an
agreement with CYFD to assume final administrative and financial responsibility
for program operations.
AS. “Infant cereal” means any
iron-fortified dry cereal specially formulated for and generally recognized as
cereal for infants that is routinely mixed with formula or milk prior to
consumption.
AT. “Infant formula” means any
iron-fortified infant formula intended for dietary use solely as a food for
normal, healthy infants; excluding those formulas specifically formulated for
infants with inborn errors of metabolism or digestive or absorptive problems.
Infant formula, as served, must be in liquid state at recommended dilution.
AU. “Institution” means a sponsoring
organization, child care center, outside-school-hours care center, emergency
shelter or adult day care center which enters into an agreement with CYFD to
assume final administrative and financial responsibility for program
operations.
AV. “Meals” means food which is served to
enrolled participants at an institution, child care facility or adult day care
facility and which meets the nutritional requirements set forth in this part.
AW. “Medicaid participant” means an adult
participant who receives assistance under Title XIX of the Social Security Act,
the grant to states for medical assistance programs-medicaid.
AX. “Menu record book” means the official
record which is used to document the types of food served and the quantities
used to meet USDA meal pattern requirements by sponsoring organizations of
child care centers, adult day care centers, outside school hours programs and head
starts.
AY. “Milk” means pasteurized fluid types of
flavored or unflavored whole milk, low-fat milk, skim milk, or cultured
buttermilk which meet NM state and local standards for such milk except that,
in the meal pattern for infants (0 to 1 year of age), milk means breast milk or
iron-fortified infant formula. All milk should contain vitamins A and D at
levels specified by the food and drug administration and be consistent with NM state
and local standards for such milk.
AZ. “National disqualified list” means the
list, maintained by the US department of agriculture, of institutions,
responsible principals and responsible individuals, and day care homes
disqualified from participation in the program.
BA. “Non creditable foods” means foods that
do not meet the criteria for a creditable food, as determined by CYFD, and
appear on the CYFD non-creditable foods list.
A meal may contain both creditable and non-creditable foods.
Non-creditable foods are allowed to supply calories to meet the energy needs of
growing children or to improve acceptability of the rest of the meal. However, non-creditable foods may not be used
to meet the meal pattern requirements.
BB. “Non pricing program” means an
institution in which there is no separate identifiable charge made for meals
served to participants.
BC. “Non profit food service” means all
food service operations conducted by the institution principally for the
benefit of enrolled participants for which all of the program reimbursement
funds are used solely for the operations or improvements of such food service.
BD. “Nonresidential” means that the same
participants are not maintained in care for more than 24 hours on a regular
basis.
BE. “Notice” means a letter sent by
certified mail, return receipt (or the equivalent private delivery service), by
facsimile, or by email, that describes an action proposed or taken by CYFD or
FNS with regard to an institution’s program reimbursement or
participation. Notice also means a
letter sent by certified mail, return receipt (or the equivalent private
delivery service), by facsimile, or by email, that describes an action proposed
or taken by a sponsoring organization with regard to a day care home’s
participation. The notice must specify
the action being proposed or taken and the basis for the action, and is considered
to be received by the institution or day care home when it is delivered, sent
by facsimile, or sent by email. If the
notice is undeliverable, it is considered to be received by the institution,
responsible principal or responsible individual, or day care home five days
after being sent to the addressee’s last known mailing address, facsimile
number, or email address.
BF. “Operating costs” means expenses
incurred by an institution in serving meals to participants under the program,
and allowed by CYFD.
BG. “Outside-school-hours care center”
means a public or private nonprofit institution or facility (except day care
homes) or a for profit center, as defined herein at AL, that is licensed or
approved in accordance with 7 CFR Part 226.6(d)(1) to provide organized
nonresidential child care services to children during hours outside of school.
Outside-school-hours care centers may participate in the program as independent
centers or under the auspices of a sponsoring organization.
BH. “Participants” means “children” or “adult
participants” as defined herein at Subsections O and H.
BI. “Pricing program” means an
institution in which a separate identifiable charge is made for meals served to
participants.
BJ. “Principal” means any individual who
holds a management position within, or is an officer of, an institution or a
sponsored center, including all members of the institution’s board of directors
or the sponsored center’s board of directors.
BK. “Program” means the child and adult care
food program authorized by section 17 of the National School Lunch Act, as
amended.
BL. “Program payments” means financial
assistance in the form of start-up payments, advance payments, expansions funds
or reimbursement paid or payable to institutions for operating costs and
administrative costs.
BM. “Proprietary Title XIX center” means any
private, for-profit center (a) providing non-residential adult day care
services for which it receives compensation from amounts granted to the states
under title XIX of the Social Security Act and (b) in which Title XIX
beneficiaries were not less than 25 percent of enrolled eligible participants
in the calendar month preceding initial application or annual re-application
for program participation.
BN. “Proprietary Title XX center” means any
private, for-profit center (a) providing non-residential child or adult day
care services for which it receives compensation from amounts granted to the states
under Title XX of the Social Security Act and (b) in which Title XX
beneficiaries or enrolled participants eligible for free or reduced price meals
were not less than 25 percent of total enrolled eligible participants or
licensed capacity, whichever is less, in the calendar month preceding initial
application or annual re-application for program participation.
BO. “Reduced-price meal” means a meal
served, and reimbursed, under the program to a participant from a family that
meets the income standards for reduced-price school meals, and as defined in 7
CFR Part 226.2.
BP. “Reimbursement” means federal
financial assistance paid or payable to institutions for program costs within
the rates assigned by CYFD.
BQ. “Renewing institution” means an
institution that is participating in the program at the time it submits a
renewal application.
BR. “Responsible principal or responsible
individual” means:
(1) a principal, whether
compensated or uncompensated, who CYFD or FNS determines to be responsible for
an institution’s serious deficiency;
(2)
any other individual employed by, or under contract with, an institution
or sponsored center, who CYFD or FNS determines to be responsible for an
institution’s serious deficiency; or
(3)
an uncompensated individual who the CYFD or FNS determines to be
responsible for an institution’s serious deficiency.
BS. “SSI participant” means an adult
participant who receives assistance under Title XVI of the Social Security Act,
the supplemental security income (SSI) for the aged, blind and disabled program.
BT. “Seriously deficient” means the status
of an institution or a day care home that has been determined to be
non-compliant in one or more aspects of its operation of the program.
BU. “Sponsoring organization” means a
public or nonprofit private organization that is entirely responsible for the
administration of the food program in:
(1) one or more day care
homes;
(2) a child care center,
emergency shelter, at-risk after school care center outside-school-hours care
centers, or adult day care center which is a legally distinct entity from the
sponsoring organization;
(3) two or more child care
centers, emergency shelters, at-risk after school care centers,
outside-school-hours care centers, or adult day care centers; or
(4) any combination of child
care centers, emergency shelters, at-risk after school care centers,
outside-school-hours care centers, adult day care centers and day care homes; the
term “sponsoring organization” also includes an organization that is entirely
responsible for administration of the program in any combination of two or more
child care centers, at-risk after school care centers, adult day care centers
or outside-school-hours care centers, which meet the definition of “for profit
center” herein at Subsection AL and are part of the same legal entity as the
sponsoring organization.
BV. “Start-up payments” means financial
assistance made available to a sponsoring organization for its administrative
expenses associated with developing or expanding food service program in day
care homes and initiating successful program operations.
BW. “State agency list” means an actual
paper or electronic list, or the retrievable paper records, maintained by CYFD,
that includes a synopsis of information concerning seriously deficient
institutions and providers terminated for cause in the state of New
Mexico. The list must be made available
to FNS upon request, and must include the items listed in 7 CFR 226.2
(definition of “state agency list”).
BX. “Suspended” means the status of an
institution or day care home that is temporarily ineligible for participation
(including program payments).
BY. “Suspension review” means the review
provided, upon the institution’s request, to an institution that has been given
a notice of intent to suspend participation (including program payments), based
on a determination that the institution has knowingly submitted a false or
fraudulent claim.
BZ. “Suspension review official” means the
independent and impartial official from CYFD who conducts the suspension
review.
CA. “Termination for cause” means the
termination of a day care home’s program agreement by the sponsoring
organization due to the day care home’s violation of the agreement.
CB. “Termination for convenience” means
termination of a day care home’s program agreement by either the sponsoring
organization or the day care home, due to considerations unrelated to either
party’s performance of program responsibilities under the agreement.
CC. “Tier I day care home” means (a) a day
care home that is operated by a provider whose household meets the income
standards for free or reduced price meals, as determined by the sponsoring
organization based on a completed free and reduced price application, and whose
income is verified by the sponsoring organization of the home in accordance
with 7 CFR Part 226.23(h)(6); (b) a day care home that is located in an area
served by a school enrolling elementary students in which at least 50 percent
of the total number of children enrolled are certified eligible to receive free
or reduced price meals; or (c) a day care home that is located in a geographic
area, as defined by FNS based on census data, in which at least 50 percent of
the children residing in the area are members of households which meet the
income standards for free or reduced price meals.
CD. “Tier II day care home” means a day
care home that does not meet the criteria for a Tier I day care home.
CE. “Title XIX” means Title XIX of the
Social Security Act which authorizes the grants to states for medical assistance
program-medicaid.
CF. “Title XX” means Title XX of the
Social Security Act.
CG. “Verification” means a review of the
information reported by institutions to CYFD
regarding the eligibility of participants for free or reduced-price
meals in accordance with 7 CFR 226.2 (definition of “verification”) and with
226.23(h)(1).
[8.2.2.7 NMAC - Rp, 8.2.2.7 NMAC, 06-15-09]
8.2.2.8 APPLICATION APPROVAL, RENEWAL
AND TERMINATION:
A. The children, youth and families department
(CYFD) may enter into an agreement for participation in the program with any
non-profit 501 (c)(3) organization, government agency or proprietary Title XX
organization which meets the established criteria and requirements according to
7 CFR 226.6(b)(1)-(b)(3).
(1) Child care centers must be
state licensed, or have tribal approval or military approval if located on a
military base and shall comply with 7 CFR Part 226.17.
(2) Adult day care centers
must be state licensed, or have tribal approval or military approval if located
on a military base and comply with 7 CFR Part 226.19(a).
(3) Outside-school-hours care
centers must be state licensed, or have tribal approval or military approval if
located on a military base and comply with 7 CFR Part 226.19.
(4) Family day care homes must
be state licensed or registered, or have tribal approval or military approval
if located on a military base and comply
with 7 CFR Part 226.18.
(5) At risk programs must be
state licensed or approved, or have tribal approval or have military approval
if located on a military base and comply with 7 CFR Part 226.17a.
B. CYFD shall not enter into an
agreement with any new applicant sponsoring organization of family day care
homes which does not meet the new sponsor criteria. The criteria are as
follows: The new applicant must:
(1) demonstrate the need for a new sponsorship by
supplying a list of eligible family child care homes which have expressed an
interest in participating in the program;
(2) submit documents to
establish financial stability and accountability;
(3) demonstrate their method for covering non-program
related costs;
(4) document an adequate level
of staffing to administer the program and to provide a responsible sponsor
representative and an office in the service area within the state of New
Mexico, for program clients and state agency staff during normal working hours;
(5) submit a training plan,
describing how the sponsor ensures administrative staff is trained in program
requirements;
(6) provide assurance that
they will not employ an individual in a responsible administrative capacity who
is listed on the national disqualified list or is otherwise ineligible for program duties based on requirements in 7 CFR 226.6(b)(1) through
(b)(3).
(7) submit a copy of the
organization’s by-laws, detail of the organization’s structure, officers of the
organization and a list of their responsibilities;
(8) submit information about
the organization’s board of directors, including their responsibility in program
management, their role in approving or determining fiscal actions and the
relationship of board members to others in the organization;
(9) provide assurance that they will not
recruit or allow participation of any child care provider who, is on the national
disqualified list or is otherwise ineligible to participate,
(10) submit a complete and
accurate application for sponsorship.
C. Any non-profit organization, or
proprietary Title XX center, wishing to participate as a sponsoring
organization in the program shall complete and submit an application packet
that includes at a minimum: a management plan, an administrative budget,
non-discrimination and non-pricing policy statement, signed agreement,
certificate of authority, copy of current letter to households, civil rights
questionnaire, certification regarding lobbying, copy of appeal procedures and
internal policies and procedures, public release statement, an affidavit or
certification statement that the organization has not been terminated from any
publicly funded program for failure to comply with that program’s requirements
and documentation that all institutions under the sponsor are in compliance
with licensing, registration and other approval provisions. In addition, all
current and prospective sponsoring organizations must be able to demonstrate
that they are financially viable, administratively capable, and have internal
controls in place to ensure accountability.
(1) Proprietary Title XX
centers shall submit documentation that they are currently providing non
residential day care services for which they receive compensation under Title
XX, and certification that not less than 25 percent of the enrolled
participants in each such center during the most recent calendar month were
Title XX beneficiaries or were eligible for free or reduced price meals
according to school lunch guidelines.
(2) CYFD shall notify new or
renewing institutions of approval or denial of their application for
sponsorship in writing within 30 days of filing a complete and correct
application. If an institution submits
an incomplete application, CYFD will notify the institution of the incomplete
application and provide technical assistance.
(3) Renewal applications for
continued participation in the program shall be submitted annually. CYFD may
grant approval for up to thirty six months. In such cases, the institution
shall submit a media release, a management plan and a budget on an annual basis
to CYFD.
(4) Renewal applications for
the fiscal year beginning October 1 shall be submitted to CYFD by August 15. In
its discretion, CYFD may accept late renewals after August 15. Renewal
applications submitted after September 30, if approved, will be effective the
date all required documents are submitted and may result in loss of
reimbursement.
D. CYFD shall not approve an institution's application if, during the
past seven years, the institution or any of its principals have been declared
ineligible for any other publicly funded program by reason of violating that program's
requirements. However, this prohibition does not apply if the institution or
the principal has been fully reinstated in, or determined eligible for that program,
including the payment of any debts owed, in accordance with 7 CFR Part 226.6(b)(2)(iii)(A).
E. CYFD will notify an institution
that it proposes to terminate its program agreement with any institution which
fails to satisfactorily and permanently correct a serious deficiency by the
date prescribed by CYFD.
(1) CYFD shall not allow more
than 90 days for corrective action from the date the institution receives the
serious deficiency notice.
(2) CYFD notifies FNS within
15 days of the termination of an institution for failure to correct a serious
deficiency. The institution is placed on a national disqualified list.
(3) Serious deficiencies which
are grounds for denial of applications and for proposed termination of program
participation include, but are not limited to, any of the following:
(a) non-compliance with the applicable bid
procedures and contract requirements of federal child nutrition program
regulations;
(b) submission of false information to CYFD on
the institution’s application, including, but not limited to, a determination
that the institution has concealed a conviction for any activity that occurred
during the past seven years and that indicates a lack of business integrity; a
lack of business integrity includes, but is not limited to, fraud, antitrust
violations, embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, receiving stolen property, making false
claims, obstruction of justice or any other activity indicating a lack of
business integrity as defined by the state agency;
(c) failure to return to CYFD any advance
payments which exceeded the amount earned for serving eligible meals or failure
to return disallowed start-up or expansion payments;
(d) failure to maintain adequate records;
(e) failure to adjust meal orders to conform
to variations in the number of participants;
(f) claiming reimbursement for meals not
served to participants;
(g) claiming reimbursement for a significant
number of meals that do not meet program requirements;
(h) use of
a food service management company that is in violation of health codes;
(i) failure of a sponsoring organization to
disburse payments to its facilities within five days of receipt from CYFD as
required by 7 CFR Part 226.16 (h);
(j) failure by a sponsoring organization of
day care homes to properly classify day care homes as Tier I or Tier II in
accordance with 7 CFR Part 226.15(f);
(k) claiming reimbursement for meals served by
a for profit child care center or a for profit outside-school-hours center
during a calendar month in which less than 25 percent of the children in care
(enrolled or licensed capacity, whichever is less) were eligible for free or
reduced price meals or were Title XX
beneficiaries;
(l) failure to properly
implement and administer the day care home termination and administrative
review provisions set forth in 7 CFR Part 226.6(l) and Part 226.16(l);
(m) permitting an individual who is on the national
disqualified list to serve in a principal capacity with the institution or, if
a sponsoring organization, permitting such an individual to serve as a
principal in a sponsored center or as a day care home;
(n) failure to operate the program in
conformance with the performance standards set forth in paragraphs 7 CFR Part
226.6(b)(1)(xvii) and Part 226.6(b)(2)(vii);
(o) failure by a sponsoring organization to
properly train or monitor sponsored facilities in accordance with 7 CFR Part
226.16(d);
(p) use of day care home funds by a sponsoring
organization to pay for the sponsoring organization’s administrative expenses;
(q) the fact the institution or any of the
institution’s principals have been declared ineligible for any other publicly
funded program by reason of violating that program’s requirements; however,
this prohibition does not apply if the institution or the principal has been
fully reinstated in, or is now eligible to participate in, that program,
including the payment of any debts owed;
(r) conviction of the institution or any of
its principals for any activity that occurred during the past seven years and
that indicates a lack of business integrity; a lack of business integrity
includes, but is not limited to, fraud, antitrust violations, embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, receiving stolen property, making false claims, obstruction of
justice, or any other activity indicating a lack of business integrity as
defined by the state agency; or
(s) any other action affecting the
institution’s ability to administer the program in accordance with program
requirements, and
(t) failure to respond to CYFD
requests for investigations of integrity report findings.
F. Sponsoring organizations of family
day care home providers shall ensure that all family day care home providers
are registered, licensed or tribal or military approved prior to signing an
agreement with the sponsoring organization to participate in the program.
G. Sponsoring organizations of family
day care homes must initiate action to terminate the agreement of a family day
care home for cause if the sponsoring organization determines the family day
care home has committed one or more serious deficiency listed in paragraph 7
CFR Part 226.16(l)(2). Serious deficiencies for family day care homes include
the following:
(1) submission of false
information on the application;
(2) submission of false claims
for reimbursement;
(3) simultaneous participation
under more than one sponsoring organization;
(4) non-compliance with the program
meal pattern;
(5) failure to keep required records;
(6) conduct or conditions that
threaten the health or safety of a child(ren) in care, or the public health or
safety;
(7) a determination that the
day care home has been convicted of any activity that occurred during the past
seven years and that indicated a lack of business integrity; a lack of business
integrity includes, but is not limited to, fraud, antitrust violations,
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, receiving stolen property, making false claims,
obstruction of justice, or any other activity indicating a lack of business
integrity as defined by CYFD, or the
concealment of such a conviction;
(8) failure to participate in
training; or
(9) any other circumstance
related to non-performance under the sponsoring organization-day care home
agreement, as specified by the sponsoring organization or CYFD, including, but
not limited to:
(a) the provider is found not at home during
stated hours of meal service on two or more consecutive visits and has not
notified the sponsoring organization of the intended absence ahead of time;
(b) chronic non compliance with program menu
and record keeping requirements;
(c) serving meals outside of the provider’s
required time frame as documented on the application for participation;
(d)
whenever a block claim submitted by the provider cannot be validated by
an unannounced visit or parent audits conducted by the sponsor.
H. Sponsoring organizations shall send
a notice to family day care home providers advising them of the serious
deficiencies in accordance with 7 CFR 226.16(l)(3). Family day care home
providers must complete corrective action as soon as possible but no later than
30 days after receipt of the seriously deficient notice.
I. Sponsoring organizations shall notify
CYFD within 30 days of terminating a family day care home provider.
J. Terminated providers are placed on
a national disqualified list. Once included on the national disqualified list,
a family day care home will remain on the list until such time as CYFD
determines that the serious deficiency(ies) that led to its placement on the
list has(ve) been corrected, or until seven years have elapsed since its
agreement was terminated for cause. However, if the day care home has failed to
repay debts owed under the program, it will remain on the list until the debt
has been repaid.
[8.2.2.8 NMAC - Rp, 8 2.2.8 NMAC, 06-15-09]
8.2.2.9 ADMINISTRATIVE REVIEW
PROCESS:
A. The children, youth and families department
will follow the administrative appeal process as described in 8.8.4 NMAC and as
required in 7 CFR Part 226.6(k) and for the following state actions:
(1) application denial: denial
of a new or renewing institution's application for participation;
(2) denial
of sponsored facility application: denial of an application submitted by a
sponsoring organization on behalf of a facility;
(3) notice
of proposed termination: proposed termination of an institution's agreement
(see 7 CFR Part 226.6(c)(2)(iii)(C), Part 226.6(c)(3)(iii)(C), and Part
226.6(c)(5)(i)(B) dealing with proposed termination of agreements with renewing
institutions, participating institutions, and participating institutions
suspended for health or safety violations);
(4) notice of proposed disqualification of a
responsible principal or responsible individual: proposed disqualification of a
responsible principal or responsible individual (see 7 CFR Part 226.6
(c)(1)(iii)(C), Part 226.6(c)(2)(iii)(C), Part 226.6(c)(3)(iii)(C), and Part
226.6(c)(5)(i)(B) dealing with proposed disqualification of responsible
principals or responsible individuals in new, renewing, and participating
institutions, and participating institutions suspended for health or safety violations;
(5) suspension of
participation: suspension of an institution's participation;
(6) start-up or expansion
funds denial: a denial of an institution’s application for start up or
expansion payments;
(7) advance denial: a denial of a request for
an advance payment;
(8) recovery of advances: recovery
of all or part of an advance in excess of the claim for the applicable period; the
recovery may be through a demand for full repayment or an adjustment of
subsequent payments;
(9) claim denial: a denial of
all or part of a claim for reimbursement, except for late submission as stated
in 7 CFR 226.10(e);
(10) claim deadline
exceptions and requests for upward adjustments to a claim: decision by CYFD not
to forward to FNS an exception request by an institution for payment of a late
claim, or a request for an upward adjustment to a claim;
(11) overpayment demand: a
demand for the remittance of an overpayment, or any other action affecting the
participation of an institution in the program or the institution’s claim for
reimbursement;
(12) other actions: any other
CYFD action affecting an institution's participation or its claim for
reimbursement.
B. The administrative review process
procedures are made available in writing each year to all institutions at the
time of application for participation in the program and when CYFD takes any
action which requires an administrative review as set forth herein.
C. Appellants shall receive adequate
notice of the administrative review date and of the right to be represented by
legal counsel.
D. Decisions are rendered within sixty
days of the administrative review.
E. The determination by the state
administrative review official is the final administrative determination
afforded to the appellant.
F. Actions not subject to
administrative review include FNS decisions on claim deadline exceptions and
requests for upward adjustments to a claim, and other situations as per 7 CFR
226.6(k)(3)(ii-iv).
[8.2.2.9 NMAC - Rp, 8 2.2.9 NMAC, 06-15-09]
8.2.2.10 PROGRAM ASSISTANCE AND REVIEW:
A. CYFD provides at least annual
training and technical assistance, as needed, to participating institutions and
sponsoring organizations.
(1) CYFD conducts ongoing program
reviews of institutions to assess compliance with state and federal guidelines
for operating the program. CYFD may conduct a review of any institution, at any
time, without prior notification in order to ascertain program compliance.
(2) CYFD annually reviews at
least one-third of all sponsoring organizations.
(3) Independent centers,
sponsoring organizations of centers, and sponsoring organizations of day care
homes with 1 to 200 providers will be reviewed at least once every three years.
Reviews of sponsoring organizations will include reviews of at least 15 percent
of their childcare, adult day care and outside-school-hours care centers and at
least 10 percent of their day care homes.
(4) Sponsoring organizations
with more than 200 homes will be reviewed at least once every two years.
Reviews of such sponsoring organizations will include reviews of at least 10
percent of the first 200 homes, 5 percent of the next 800 homes, and 2.5
percent of all homes in excess of 1,000 homes.
B. CYFD conducts reviews for newly
participating sponsoring organizations with five or more child care or adult
day care facilities, and all home sponsoring organizations, within the first 90
days of program operations.
(1) CYFD conducts pre-approval
visits to all newly participating institutions prior to approval of their
applications.
(2) CYFD conducts initial
reviews of all newly participating center institutions within three to six
months of program approval.
(3) CYFD conducts additional reviews of any
institution participating in the program which CYFD has determined to have a
history of serious deficiencies.
C. CYFD reviews and validates at least
one full month of an institution’s claim as a sample during program reviews.
D. CYFD conducts follow up visits of
institutions found to be seriously deficient within 90 days of the notification
to the sponsor of a seriously deficient status.
E. CYFD provides technical assistance
to institutions upon request.
[8.2.2.10 NMAC - Rp, 8 2.2.10 NMAC, 06-15-09]
8.2.2.11 COMPLAINT AND REFERRAL
PROVISIONS:
A. CYFD promptly investigates
complaints received by the public or other state offices in connection with the
operation of the program, and takes appropriate action to correct any program
non-compliance or deficiency.
B. CYFD maintains a file of all such
investigations and related actions taken.
C. Institutions found to be non-compliant
or seriously deficient receive written notice and are required to correct all
violations. CYFD makes the determination about the institution’s correction of
all violations.
D. CYFD will issue a proposal to
terminate the program agreement with institutions if serious deficiencies are
not corrected within 90 or fewer calendar days of written notification to the
institution.
E. CYFD shall suspend an institution’s
participation when there is an imminent threat to the health and safety of
participants, as per 7 CFR Part 226.6 (c)(5)(i)(A).
F. When CYFD, family nutrition bureau
staff observes, during investigations, violations of applicable health, safety,
or staff-child ratio standards, or attendance in excess of licensed or other
approved capacity, CYFD family nutrition bureau staff shall promptly refer any
such violations to CYFD’s child care services bureau.
G. CYFD denies reimbursement to
providers for program meals served to attending children in excess of the
licensed or other approved capacity.
[8.2.2.11 NMAC - Rp, 8 2.2.11 NMAC, 06-15-09]
8.2.2.12 FINANCIAL MANAGEMENT:
A. CYFD reviews and approves all
institution administrative budgets submitted with the application.
(1) CYFD reviews and approves
all budget adjustment requests with adequate justification.
(2) CYFD reviews and approves
all changes made to the management plan.
(3) Institutions are responsible for accounting
for costs correctly and for maintaining sufficient supporting documentation to
demonstrate that costs claimed have been incurred, are allowable to the program
and comply with CYFD policies, financial management requirements and with
USDA’s FNS instruction 796-2, Revision 3 which is distributed to all
institutions upon approval to participate in the program.
B. CYFD approves applications and
issues start-up payments to eligible institutions, and monitors the use of
these payments.
C. CYFD approves applications and
issues advance payments to eligible institutions and monitors the use of these
payments.
(1) CYFD recovers, from future
claims for reimbursement, outstanding start-up and advance payments from
institutions which, in CYFD’s opinion, are not able to earn these payments.
(2) Institutions, upon CYFD’s
written approval, may claim reimbursement for the necessary and reasonable
costs of ceasing program participation in accordance with USDA’s FNS
Instruction 796-2, Revision 3, Section VIII(I)(38).
D. Claims for reimbursement are
submitted by institutions by the tenth of the month following the month being
claimed and report information in accordance with the financial management
system established by CYFD.
(1) Each institution certifies
that the claim is correct and that records are available to support the claim.
(2) Independent proprietary
Title XX centers shall document that not less that 25 percent of enrolled
participants were Title XX beneficiaries in the month claimed. Alternatively, the center shall document that
it has valid free or reduced price meal applications on file for at least 25 percent
of the enrolled children or 25 percent of the licensed capacity, whichever is
less. CYFD will review and validate during on site reviews the Title XX
documentation or free or reduced meal applications of eligible children claimed
to validate the 25 percent requirement.
(3) CYFD shall pay all valid
claims within 45 calendar days of receipt. Within 15 calendar days of receipt
of any incomplete or incorrect claim which must be revised for payment, CYFD
shall notify the institution as to why and how such claim must be revised.
(4) The institution shall
retain all records to support the claim for a period of three years after the
submission of the final claim for the fiscal year to which they pertain.
(5) All accounts and records pertaining to the
program are made available, upon request, to representatives of CYFD, USDA and
of the US general accounting office for audit or review.
E. CYFD ensures that payment is not
made for meals served to participants attending in excess of the authorized
capacity of the institution.
[8.2.2.12 NMAC - Rp, 8 2.2.12 NMAC, 06-15-09]
8.2.2.13 AUDIT REQUIREMENTS:
A. Institutions shall conduct financial
audits of their program in accordance with the office of management and budget circulars
A-133 and A-110 and the U.S. department of agriculture’s uniform federal assistance
regulations (7 CFR Part 3015). CYFD instructs institutions of the audit
requirements during annual training.
B. Institutions not subject to the OMB
A-133 or A-110 audit requirements will have a financial review conducted by CYFD
during administrative program reviews which will be conducted no less than
every three years and upon any referral or complaint regarding financial
operations.
C. Audits are due to CYFD no later than
nine months after the close of the institution’s fiscal year.
[8.2.2.13 NMAC - Rp, 8 2.2.13 NMAC, 06-15-09]
8.2.2.14 PAYMENT PROVISION:
A. Congress assigns rates of
reimbursement for meals, annually.
B. Institutions shall submit to CYFD
each month’s counts for meals served daily to participants from families
meeting the eligibility standards for free meals, participants from families
meeting the eligibility standards for reduced-price meals, and participants from
families not meeting such guidelines.
C. CYFD uses the meals times rates
payment method to reimburse institutions participating in the program.
[8.2.2.14 NMAC - Rp, 8 2.2.14 NMAC, 06-15-09]
8.2.2.15 CLAIMS AGAINST INSTITUTIONS:
A CYFD shall recover any payment made
to an institution for disallowed claims. CYFD identifies disallowed claims
during program reviews and considers payments made for such claims as over
payments. CYFD shall notify all institutions of the reasons for the disallowed
claim and demand reimbursement. The
institution may request an administrative review of CYFD’s decision as provided
in Paragraph (11) of Subsection A of 8.2.2.9 NMAC.
B. Disallowed claims include the
following for independent centers:
(1) lack of documentation to
verify sufficient milk purchases to meet the required portion size for each age
group, as documented in the menu record book and claimed for any month reviewed;
(2) reimbursement for meals,
or snacks, claimed which lack required components;
(3) reimbursement for meals or
snacks claimed which include non creditable foods as one of the required meal
components;
(4) reimbursement for meals
claimed when food production observed or recorded indicate there was not enough
food prepared to provide the minimum serving size for the meals claimed for
eligible children; food production is calculated using the USDA food buying guide;
(5) reimbursement for meals
claimed when there is insufficient, or lack of, documentation to support the
quantity and types of foods served;
(6) reimbursement for meals
claimed in excess of two main meals and one supplement, or two supplements and
one main meal per child, per day;
(7) reimbursement for meals
claimed when meal count records do not support the meals claimed, or when any
other required documentation to support the meals claimed, is not available;
(8) reimbursement for meals served during
unapproved meal time periods;
(9) reimbursement for
individual meals claimed in excess of recorded attendance or authorized
capacity;
(10) reimbursement for all meals
claimed for any month by for-profit Title XX centers when less than 25 percent
of enrolled participants are Title XX beneficiaries or eligible for free or
reduced price meals.
C. Disallowed claims for sponsoring
organizations of day care homes include the following:
(1) reimbursement paid for
meals served to ineligible children;
(2) reimbursement paid for
ineligible meals or meals served during unapproved time periods;
(3) reimbursement paid for
meals served that do not follow the USDA meal pattern as described in 7 CFR
226.20, and the state agency non creditable foods list;
(4) reimbursement for meals
served to children not properly enrolled;
(5)
reimbursement paid for meals served to providers’ own children without
current and complete income eligibility applications on file;
(6) reimbursement paid for
meals at Tier 1 rates to providers who are incorrectly classified as Tier 1; the
difference between Tier 1 and Tier 2 reimbursement paid to providers, is
considered an over payment;
(7) reimbursement paid for
meals at Tier I rates served by Tier II providers who do not have adequate Tier
I eligibility documentation for non resident children.
D. Sponsoring organizations of day care
homes shall recover payments from family day care home providers for the
following disallowed claims:
(1) failure to maintain daily
menu and attendance records;
(2) claiming meals when
eligible enrolled children are not present;
(3) claiming meals which do
not meet meal pattern requirements;
(4) claiming more than 2 main
meals and a snack or two snacks and a main meal per child per day;
(5) claiming provider’s own
children when non resident children are not present at the meal service;
(6) program participants not
found at the family day care home during stated hours of care on two
consecutive visits; in such cases, the sponsoring organization shall dis-enroll
these participants from the program and shall disallow any future claims
concerning such participants until the sponsor verifies attendance.
E. Sponsoring organizations of family
day care homes shall notify providers of disallowed claims and afford an
opportunity for an administrative review in accordance with 7 CFR Part
226.6(l)(2).
[8.2.2.15 NMAC - Rp, 8 2.2.15 NMAC, 06-15-09]
8.2.2.16 INSTITUTION OPERATIONAL
PROVISIONS:
A. Each institution is solely
responsible for the administrative and financial management of the program,
including the actions of their employees. Institutions may not use independent
contractors to manage the program.
B. Each institution shall provide
adequate supervisory and operational personnel for monitoring and management of
the program.
C. Each institution shall establish
procedures to collect and maintain all necessary program records as described
in the Code of Federal Regulations, 7 CFR 226.15 e(1), (3), (4), (7), (8), (9),
(10), (11), and (12).
D. Sponsoring organizations of day care
homes shall maintain their provider, participant, meal attendance, monitoring
visits and claim payment records in an electronic format using a state agency
approved computer data base program. Sponsors submit their data electronically
on a regular basis and as requested by CYFD in a format compatible with CYFD’s
electronic data base program.
E. Each institution shall maintain
appropriately staffed offices and phone lines for access by program clients and
CYFD staff.
[8.2.2.16 NMAC - Rp, 8.2.2.16 NMAC, 06-15-09]
8.2.2.17 SPONSORING ORGANIZATION
PROVISIONS:
A. Sponsoring organizations of day care
homes shall monitor the program at all day care homes under their respective
jurisdiction according to requirements
in 7 CFR 226.16(d) (1), (2), (3), and (4). Additionally, sponsors are
required to review each day care home participating with the organization at least
four times during the provider’s application year and follow the review
elements and reconciliation of meal count requirements listed in 7 CFR
226.16(d)(4)(i-ii).
B. Sponsoring organizations of day care
homes shall maintain information concerning dates and amount of disbursement to
each day care home and information concerning the dates and location of each
day care home review.
C. Sponsoring organizations of day care
homes shall provide payments of claim reimbursement funds to their day care
home providers within five working days of receipt of funds from CYFD.
D. Sponsoring organizations of day care
homes shall maintain their data on providers, program participants, monitoring
visits, meal attendance and claim payments made to providers, in a child and adult
care food program software system approved by CYFD in order to provide
consistent data reporting. Sponsoring organizations of day care homes shall
respond to CYFD inquiries regarding possible duplicate participants or
providers, and any other program integrity questions in a timely manner.
E. Sponsoring organizations of child
care and adult day care facilities shall provide adequate supervision and
monitoring of the program at all child care and adult day care facilities under
their jurisdiction and according to 7 CFR Part 226.16(d).
[8.2.2.17 NMAC - Rp, 8.2.2.17 NMAC, 06-15-09]
8.2.2.18 REQUIREMENTS FOR MEALS:
A. Each meal served in the program
shall comply with USDA meal patterns as outlined in federal regulations 7 CFR
Part 226.20 and with the CYFD creditable foods list.
(1) Non-creditable foods shall
not be used to meet the meal pattern component requirement. Some foods which
are non-creditable include but are not limited to: hot dogs, doughnuts, and
processed lunch meats that do not appear in the USDA food buying guide or do
not have a child nutrition (CN) label. All items which are listed as “not
reimbursable” or “not allowable” on the non creditable list supplied by CYFD
are not reimbursable, and their purchase price is subtracted from total food
costs by CYFD review staff during program and other on site reviews.
(2) Infants shall be provided
meals which follow USDA meal pattern for infants. The provider/center is
responsible for providing one milk or soy-based house formula only. The parent shall be notified in writing of
the availability of this formula. If the
parent elects to have the center/provider use a different formula which the
parent provides, the infant may still be claimed for reimbursement. Care givers
may not deviate from the infant meal pattern without a doctor’s written
statement which specifies what foods to allow or not allow for the individual
infant.
B. Special dietary needs and
requirements of children shall be met. Special dietary needs include, but are
not limited to, diabetic diets, high calorie, lower calorie, mechanically
altered, and substitutions for food allergies or intolerance. Special dietary
needs shall be expressed in an order from a medical authority which specifies
any texture modifications, foods to be eliminated and which foods to substitute
for the eliminated food, and other diet modifications. They do not include
enteral or parenteral formulas which may be covered by medical insurance or medicare/medicaid.
C. Child nutrition (“CN”) labeled
products are not required for CACFP programs, and do not necessarily meet the
meal requirements for CYFD’s creditable foods list. Combination food items
purchased which do not have a CN label must have a product analysis sheet from
the manufacturer.
D. Family style meal service (“FSMS”)
or a modified version thereof, where all required components of the meal are
placed on the table at the start of the meal and children are encouraged to
take a portion from each meal component, is required at all participating
centers and homes, unless there is a documented reason why FSMS cannot be
implemented.
E. Institutions, with the exception of
family day care homes, shall document on a daily basis the type and production
elements of meals served in the menu record book which is provided by CYFD at
the time of program approval.
(1) Family day care home
providers document on a daily basis the types and number of meals served to
enrolled children on an approved attendance sheet.
(2) Meals served by family day
care home providers, including components, are recorded on the menu records
which are approved by CYFD and provided by the sponsoring organization.
(3) Family day care home
providers are not required to document quantities served, but are required to
offer at least the minimum required portion size of each component for each
meal.
(4) Family day care home
providers are required to specify the times when approved meals are regularly
served. Meal service is required to begin within fifteen minutes before or
after the specified meal times as documented on the provider-sponsor agreement.
[8.2.2.18 NMAC - Rp, 8.2.2.18 NMAC, 06-15-09]
8.2.2.19 FOOD SERVICE MANAGEMENT
COMPANIES:
A. Institutions which contract with a
food service management company remain responsible for ensuring that the food
service operation conforms to all requirements herein.
B. All procurement of meals from food
service management companies shall adhere to the procurement standards set forth in 7 CFR 226.22,
Procurement Standards.
C. Institutions with program meal
contracts of an aggregate value in excess of $10,000 shall formally advertise
such contracts and comply with the federal procedures in 7 CFR 226.21(a)(1-8),
which are intended to prevent fraud, waste and program abuse.
D. The institution and the food service
management company shall enter into a standard contract as required in 7 CFR
226.6(I).
E. The institution shall submit to
CYFD a copy of its contract with the food service management company prior to
the beginning of program operations under the subject contract.
F. Proposed additional provisions to
the standard contract are submitted to CYFD for approval.
[8.2.2.19 NMAC - Rp, 8.2.2.19 NMAC, 06-15-09]
8.2.2.20 FREE AND REDUCED-PRICE MEALS:
A. Each institution shall submit to
CYFD, at the time it applies for program participation, a written policy
statement concerning free and reduced-price meals to be uniformly used in all
child care and adult day care facilities under its jurisdiction.
B. Institutions are not approved for
participation unless CYFD approves the free and reduced price policy
statement. CYFD provides the free and
reduced price policy statement with each initial application.
C. Each institution annually shall
provide a public release to the local media to inform the public of the program’s
availability.
(1) For all institutions, other than sponsoring
organizations of day care homes, the public release shall include the USDA income
eligibility guidelines for free and reduced-price meals.
(2) The public release issued
by sponsoring organizations of day care homes shall include the USDA income eligibility
guidelines for reduced-price meals.
(3) The public release issued
by all institutions shall announce the availability of meals at no separate
charge and state that meals are available to all participants without regard to
race, color, national origin, sex, age or disability.
D. All institutions, other than
sponsoring organizations of day care homes, distribute applications for free
and reduced-price meals to the families of participants enrolled in the
institution.
(1) Sponsoring organizations of day care homes
distribute free and reduced-price applications to day care home providers who
wish to enroll their own children in the program and, upon request, to parents
of children in Tier 2 homes wishing to receive Tier 1 rates.
(2) Applications for free and
reduced price meals are made available by CYFD. Institutions shall complete the
applications according to 7 CFR Part 226.23(e)(1) and Parts 226.23 (j), (k),
(l), (m) and (n).
(3) Completed applications for
free and reduced-price meals are valid for 12 months and shall be completed
annually.
(4) Free and reduced price
applications shall include:
(a) names of all household
members;
(b) the signature of an adult member of the
household;
(c) social security number of the adult
household member signing the application or an indication that the adult
household member does not possess one;
(d) household income received by each
household member, identified by source of income (such as earnings, wages,
pensions, support payments, unemployment compensation, and social security) and
total household income.
(5) For a child who is a TANF
recipient or a member of a food stamp or FDPIR household only the following is
required:
(a) the name(s) and appropriate
TANF, food stamp or FDPIR case number(s);
(b) the signature of an adult member of the
household;
(c) the name(s) of the enrolled child(ren).
(6) For a child in a Tier II
day care home who is a member of a household participating in a federally or state
supported child care or other benefit program with an income eligibility limit
that does not exceed the eligibility standard for free and reduced price meals,
the following is required:
(a) the name(s), appropriate
case number(s) (if the program utilizes case numbers), and the name(s) of the
qualifying program(s) for the child(ren), and the signature of an adult member
of the household; or
(b) if the sponsoring organization or day care
home possesses it, official evidence of the household’s participation in a
qualifying program (submission of a free and reduced price application by the
household is not required in this case).
(7) For a child who
participates in head start, only the official head start enrollment document
which certifies that the child is eligible based on income guidelines, is
required.
(8) For an adult participant
who is a member of a food stamp or FDPIR household or is an SSI or medicaid
participant, as defined in this section, only the following is required:
(a) the name(s) and
appropriate food stamp or FDPIR case number(s) for the participants or the
adult participant’s SSI or medicaid identification number, as defined in this
section; and
(b) the signature of an adult member of the
household.
(9) Additional documentation
requirements for Tier 1 classifications as required in 7 CFR Part 226.15(f).
E. Institutions shall distribute a
letter to households or guardians of enrolled participants in order to inform
them of the procedures regarding eligibility for free and reduced-price meals.
[8.2.2.20 NMAC - Rp, 8.2.2.20 NMAC, 06-15-09]
8.2.2.21 VERIFICATION OF PROVIDER
ELIGIBILITY:
A. CYFD verifies eligibility for free
and reduced-price meals on an annual basis, in accordance with federal regulations
7 CFR 226.23(h).
B. Sponsoring organizations of family
day care homes are responsible for verifying the income eligibility for
providers who are classified as Tier 1 based on household income.
[8.2.2.21 NMAC - Rp, 8.2.2.21 NMAC, 06-15-09]
8.2.2.22 OTHER NUTRITION PROVISIONS:
A. CYFD provides nutrition education
and training to all institutions and participants as an integral part of the child
and adult care food program administration in New Mexico.
(1) Nutrition education activities
shall be conducted by center staff in child care centers on a monthly basis.
Center staff shall document these activities on CYFD forms and maintains such
forms for CYFD’s review.
(2) Family day care home
providers are encouraged to provide nutrition education activities to children
as part of their developmentally appropriate program.
B. Centers and family day care home
providers are discouraged from utilizing disposable dishes and plastic ware at
meal services.
C. CYFD annually reviews a sample of
center menus to ensure nutritional quality and variety of meals served.
(1) Menu reviews which
identify significant poor quality or lack of variety may require the center to
utilize CYFD menus or to contract for services with a licensed or registered
dietician/nutritionist to correct the deficient menus.
(2) CYFD provides sample menus
to assist participating centers in providing varied and nutritious meals.
[8.2.2.22 NMAC - Rp, 8.2.2.22 NMAC, 06-15-09]
HISTORY OF 8.2.2
NMAC:
History of Repealed
Material:
8 NMAC 2.2, Requirements for Participation in the Child and
Adult Care Food Program, filed 5-27-1999 - Repealed effective 11-30-2001
8.2.2 NMAC, Requirements for Participation in the Child and
Adult Care Food Program, filed 11-16-2001 - Repealed effective 06-15-2009