Search all of NY.gov

Information for a Healthy New York

Search

Site Contents

• Birth, Death, Marriage & Divorce Records
• Health Insurance Programs
• Employment Opportunities
• Forms
• Community, Family & Minority Health
• Health Care Professionals & Patient Safety
• Hospitals, Nursing Homes & Other Health Care Facilities
• Diseases & Conditions
• Health & Safety in the Home, Workplace & Outdoors
• Healthy Lifestyles & Prevention
• Laws & Regulations
• Statistics & Data
• Meetings & Training
• Grants/Funding Opportunities
• Permits, Licenses & Certification
• Health Information Technology (Health IT)
• Press Releases & Reports
• Freedom of Information Law
• Webcasts
• Related Sites

Please Note

You are Here: Home Page > CACFP Policy Memos > CACFP Policy Memo Number 20  

CACFP Policy Memo Number 20

DOH-CACFP: Number 20 (7/95)

TO: CACFP Sponsoring Organizations of Centers

FROM: Jeanne Colegrove, State Director, Child and Adult Care Food Program

DATE:November 9, 1996

SUBJECT:Impact of New DSS Day Care Regulations on Claiming

I. Purpose and Scope

1. The purpose of this memorandum is to describe changes in revised Parts 414.10 Nutrition (School Aged) and 418.10 Nutrition (Day Care Center) of the NYS Department of Social Services Day Care Regulations. These changes may affect the meal types eligible for CACFP reimbursement.
2. The revised NYS Department of Social Services day care regulations for nutrition became effective October 2, 1996. A copy of the revised regulations is being sent by the NYS Department of Social Services to all licensed school-aged and day care centers. (If you do not receive a copy of the revised regulations, contact your licensing representative.) These regulations apply to all outside school hours programs statewide, and to day care centers Upstate (outside the five boroughs). Key changes in the regulations are highlighted below with a notation on the impact of claiming meals in CACFP.

II. Review of Day Care Regulatory Changes and Impact on Claiming Reimbursement

1. Day care programs must provide plentiful and nutritious snacks. This means that the provision of snacks is required by regulation.
   1. Impact: Day care centers can continue to claim reimbursement for snacks provided by the program.
2. Programs must ensure children in care for four hours or more receive a nutritious meal. This means that programs are not required to provide meals (e.g., breakfast, lunch, supper) but must make sure children have a meal if in care for four hours or more. DSS has issued guidelines for programs to use in making the decision to provide meals or to require parents to bring meals (which will be attached to the revised regulations). If a parent sends lunch for his or her child, the day care program is still responsible for ensuring the meal is "nutritionally adequate" and must provide supplemental food to improve inadequate meals.
   1. Impact: Programs that require or allow parents to bring all or a portion of a meal cannot claim that meal for reimbursement. The only exception to this rule would be when items are provided by parents to meet the special dietary needs of a disabled participant. In this situation, medical documentation is required.
   2. Impact: If a day care program opts to provide meals to some children and have other children bring in their own meals, none of the meals can be claimed for reimbursement. To be eligible to claim meals, all children in attendance must be provided with the same meal which meets CACFP meal pattern requirements. If all or a portion of the meal is not provided by the day care program, the meal cannot be claimed for reimbursement.
3. Infant formula may be prepared and provided by either the parent(s) or staff person (with a written agreement). This means providers can now purchase and provide formula.
   1. Impact: Infants less than four months of age are now eligible for reimbursement when the day care program purchases and provides the formula. CACFP is in the process of revising the infant meal pattern and policy memo on claiming infants to reflect this change.
   2. Impact: Day care programs must now provide all of the required components of the Infant Meal Pattern, according to age, in order to claim infant meals.

III. Steps Sponsoring Organizations Should Take

1. CACFP Sponsoring Organizations should make their decision on whether or not the day care program will provide all meals. It is recommended that a policy regarding the provision of meals be developed and distributed to all parents. To determine whether the day care program can continue to participate in CACFP, the policy should be sent to CACFP for review.
2. If Sponsoring Organizations decide to continue to provide meals to all children enrolled in day care, then nothing more needs to be done.
3. If Sponsoring Organizations decide not to provide meals to all children enrolled in day care, then an amendment must be made to the CACFP agreement to eliminate approval to claim meals. Sponsors electing this option will still be required to provide snacks and can continue to receive reimbursement for snacks.
4. Sponsors who are undecided should contact CACFP immediately to discuss their options with one of the nutritionists.