Policy Memo 109
DOH-CACFP: Number 109 (04/06)
TO: Sponsoring Organizations of Day Care Homes
FROM: Jeanne Culver, Director, CACFP - Division of Nutrition
SUBJECT: Impact of Informal Regulations on CACFP Sponsoring Organizations
I. Purpose and Scope
The purpose of this memo is to transmit information on the revised Title 18 of the New York Codes, Rules and Regulations (18 NYCRR) Part 415, which seeks to increase basic safeguards for the health and safety of children cared for by informal caregivers in legally-exempt child care. These regulations offer an expanded role for CACFP in serving enrolled, informal caregivers. The timeframe for implementation by the NYS Office for Children and Family Services (OCFS) is July 31, 2006. A review of the specific regulations pertaining to CACFP is summarized below:
II. Background Information
- Section 415.1(s): Defines "legally-exempt caregiver enrollment agency" as the agency under contract with the Office of Children and Family Services to enroll caregivers of legally-exempt child care to provide subsidized services under the New York State Child Care Block Grant. In all counties except NYC, the legally-exempt caregiver enrollment agency will be the applicable child care resource and referral agency under contract with OCFS to serve that county. For NYC, the enrollment agency will be an entity or entities identified by OCFS in consultation with the NYC Human Resources Administration and the NYC Administration for Children's Services.
CACFP Action: Sponsors of CACFP who are not already connected to a child care resource and referral agency should develop a relationship with the enrollment agency in their service area to foster referrals and communication. Attached is a list of the agencies that may function as enrollment agencies in upstate New York. Enrollment agencies in NYC will be determined through a future bidding process.
- Section 415.4(f)(8)(i): The enrollment agency must refer a caregiver of informal child care to CACFP at initial enrollment or at the annual re-enrollment of any currently enrolled caregiver.
CACFP Action: A referral mechanism is under development that will ensure all sponsors have equal access to referrals from the enrollment agency(ies) in their service area. A sample outreach flyer is enclosed. Please also note that these regulations refer to an annual re-enrollment requirement for enrolled caregivers, which confers child care eligibility for a 12-month period. Enrolled caregivers will receive a "notice of enrollment" that will meet the documentation requirement for participation in CACFP for a full 12-month period, thereby eliminating the need for Sponsors to track the receipt of subsidy on a monthly basis.
- Section 415.4(f)(8)(i) continued: If the caregiver is or becomes a participant in CACFP, the caregiver must provide the enrollment agency with a copy of documentation of participation in the program. The enrollment agency must verify the caregiver's documentation to determine whether the caregiver is a participant in CACFP.
CACFP Action: Sponsors will give the enrolled caregiver a copy of the completed Continuous Agreement and Application for Participation (DOH-3705), Pre-approval Checklist (CACFP-106, a new form), and Monitor Checklist (DOH-4118), if used at the pre-approval visit. Alternatively, the sponsor may choose to send copies of these forms directly to the enrollment agency.
- Section 415.4(f)(8)(iv): On an annual basis, the enrollment agency must conduct on-site inspections including reviewing the immunization records of at least 20% of the currently enrolled caregivers who do not participate in CACFP.
CACFP Action: Sponsors will send copies of Monitor Checklist (DOH-4118) to the enrollment agency as proof of ongoing participation in CACFP. Sponsors must also notify the enrollment agency when an enrolled caregiver stops participating in CACFP.
- Section 415.4(g)(1): A social services district may make participation in CACFP a condition of enrollment for each caregiver of informal child care who will providing in excess of 30 hours of care per week to one or more subsidized children.
CACFP Action: CACFP will assist sponsors serving areas in which the district mandates participation in CACFP in developing a referral and feed-back system.
- Section 415.4(m): Each social services district must establish comprehensive f raud and abuse control activities for the child care subsidy program to include, but not be limited to, a sampling methodology to determine which caregivers of subsidized child care will be reviewed to verify that child care was actually provided on the days listed on the caregiver's attendance forms by comparing. attendance forms to CACFP monitoring forms.
CACFP Action: Sponsors are required to share relevant program records with the social services district, when requested, to include but not be limited to child enrollment forms, monitoring records, attendance and meal count records.
This memo summarizes key sections of the revised Title 18 of the New York Codes, Rules and Regualtions (18 NYCRR) Part 415, which clarifies health and safety provisions for children in legally-exempt child care. For the full text of these regulations, please go to http://www.ocfs.state.ny.Us/main/becs/ and click on "Changes to Child Care Subsidy Regulations."
CACFP is planning to provide workshops for sponsors of day care homes to discuss the implementation of procedures for serving enrolled caregivers. Information on dates and places will be forwarded soon.