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8.2.2NMAC


Published: 2015

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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