Policy Memo 142

DOH-CACFP: Number 142 (08/10)

TO: All CACFP Sponsoring Organizations of Day Care Homes

FROM: Lynne Oudekerk, State Director, Child and Adult Care Food Program

SUBJECT: Changes in Day Care Licensing/Registrations and CACFP Participation

I. Purpose and Scope

The purpose of this memorandum is to clarify how recent changes to day care licensing and registration affect participation in CACFP. Governor Paterson signed a bill into law on June 15, 2010, which allows the NYS Office for Child and Family Services (OCFS) to extend the group family day care (GFDC) licensing and family day care (FDC) registrations period from two to four years. The law also allows OCFS to increase capacity limits for GFDC and FDC providers. A summary of the changes is provided for those Sponsors who are not currently a registrar or do not have access to the Child Care Facility System (CCFS).

II. Background Information

  1. OCFS may now renew GFDC licenses and FDC registrations for up to four years.
    1. The provider must remain in compliance with the day care licensing/registration regulations.
    2. Each license/registration period will be assessed for the four-year period at the provider's next renewal cycle.
    3. CACFP Sponsors must update their local system to reflect the extended renewal cycle to ensure payments continue for the full four years.
    4. Copies of the renewed license/registration certificate must be sent to CACFP immediately upon receipt.
    5. This change goes into effect beginning with renewals due on July 31, 2010 or later.
  2. A GFDC provider may now care for up to 12 children of all ages, with up to four additional school-aged children, for a maximum of 16 children. See the attached capacity chart for GFDC providers.
    1. A GFDC provider may now care for up to 8 children by his/herself, provided that at least two of the children are school-age and no more than two of the children are under two years of age.
      • There must be one approved assistant present when child care is provided to 7 or more children and none are school-age
      • There must be one approved assistant present when child care is provided to 9 or more children and when at least two children are school-age.
      • There must be one caregiver for every two children under the age of two.
    2. GFDC providers must apply to their license authority and be approved for the higher capacity before they can care for and claim children at the higher capacity.
    3. Revised licenses will be issued to GFDC providers when they are approved to care for up to 16 children.
    4. CACFP Sponsors must update their local system to reflect the new capacity.
    5. Copies of revised licenses must be submitted to CACFP before claims for the higher capacity can be paid.
  3. A FDC provider may now care for more than 2 children under the age of two only if there is at least one caregiver for each two children under the age of two. See the attached capacity chart for FDC providers.
    1. FDC providers must apply to their registrar and be approved to care for more than 2 children under the age of two years.
    2. Revised licenses will be issued to FDC providers when they are approved to care for more than 2 children under the age of two.
    3. CACFP Sponsors must update their local system to reflect the new capacity.
    4. Copies of revised registrations must be submitted to CACFP before claims can be paid.
  4. Reminder: In personal residences where more than one GFDC licensed or FDC registered home was located prior to March 1, 2002, the maximum capacity of all homes combined shall not exceed 20 children in total, including school-age children who receive care for only part of the day. No individual GFDC located in such a residence may have a maximum capacity of more than 10 children, including school-age children, at any time.

III. Summary of Changes

A change to GFDC licensing and FDC registration regulations may affect a provider's participation in CACFP. This memorandum briefly explains the changes and what CACFP Sponsors must do to ensure providers can claim under the new rules. In particular, CACFP Sponsors should familiarize themselves with the new capacity rules and continue to monitor providers' compliance. Local systems used to store and manage information about providers, such as the NYS Local Homes System, must be kept up-to-date with license/registration changes to ensure prompt payment of monthly claims.

If you have any questions, please contact a CACFP Homes Unit Nutritionist at 1-800-942-3858, ext. 27104.

Enclosures:

How Many Children May a Group Family Day Care Provider Care For?

How Many Children May a Family Day Care Provider Care For?