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

CACFP Policy Memo Number 20H

DOH-CACFP: Number 20H (11/96)

TO: CACFP Sponsoring Organizations of Homes

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

DATE:November 22, 1996

SUBJECT: Implication of New DSS Regulation (Homes)

I. Purpose and Scope

1. The purpose of this memorandum is to describe changes in revised Parts 416.10 Nutrition (Group family day care home) and 417.10 Nutrition (Family day care home) 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 enclosed for your information. These regulations apply to all family and group day care home providers statewide (including the five boroughs of New York City). 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: Family and group day care providers 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 (also attached). If a parent sends lunch for his or her child, the day care provider is still responsible for ensuring that the meal is "nutritionally adequate" and must provide supplemental food to improve inadequate meals.
   1. Impact: Providers 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 provider 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 claim meals, all eligible children enrolled in care must be provided with the same meal, which must meet CACFP meal pattern requirements. Federal Regulation 7 CFR 226.23(b) states that all participants must be served the same meals to prevent discrimination in the course of the food service. If all or a portion of the meal is not provided by the day care provider, 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 provider 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 providers must now supply all of the required components of the CACFP Infant Meal Pattern, according to age, in order to claim infant meals.

III. Steps Sponsoring Organizations Should Take

1. CACFP Sponsoring Organizations should require providers to serve meals in order to continue participation in CACFP. It is recommended that a policy regarding the provision of meals be developed by Sponsoring Organizations stating that to continue to participate in CACFP, providers must provide meals. If a provider chooses not to continue to provide meals, he or she can be terminated without cause. Submit your policy to CACFP for review prior to distribution to the providers under your Sponsorship.
2. Sponsors who are uncertain about how to handle the revised regulations with providers, should contact CACFP immediately to discuss the situation with one of the Homes Administration Unit nutritionists, at 1-800-942-3858.