CACFP Policy Memo Number 21

DOH-CACFP: Number 21 (2/97)

TO: Sponsoring Organizations of Day Care Homes

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

SUBJECT: Clarification of Provider's Own Children in Family Day Care

The purpose of this memorandum is to clarify the definition of "provider's own children" in family day care. The regulations governing the Child and Adult Care Food Program (CACFP) 7CFR226 allow "provider's own children" to be claimed for reimbursement if the provider's household qualifies for free or reduced price meals and at least one enrolled, non-resident child is also participating during the time of meal service. The United States Department of Agriculture (USDA) has provided New York State CACFP with an expanded definition of circumstances allowing a child to be considered "provider's own". These circumstances are listed below:

  1. The natural or adopted children of the provider.
  2. Foster children placed in the provider's home. A foster child is considered to be a "household of one" and the provider's household income is not a consideration for the eligibility of the foster child.
  3. Children for whom the provider has legal guardianship or custodial responsibility.
  4. A child living with the provider in an informal, extended family situation. As stated in the regulations governing CACFP, a family is defined as a group of related or unrelated individuals living together as one economic unit. An economic unit is a group of related or unrelated people who share housing and all significant income and expenses. An example would be a day care home provider whose grandchildren were living with him/her. These children would be eligible for CACFP benefits if the provider's household income met the eligibility guidelines for free or reduced price meals.

Circumstances not meeting the criteria for "provider's own" would be those where the parent or guardian have made a contractual agreement, either formal or informal, with a provider for residential child care. An example of this would be if a parent requested and arranged for a day care provider to provide residential child care for an extended period of time (e.g., parent is on an extended business trip). In this example the child would not be eligible to receive CACFP benefits.

Please keep in mind that at least one enrolled nonresidential child must be in attendance and participating in the meal service for eligible residential children to be claimed.

If you have any questions regarding the eligibility of "provider's own" call the CACFP Homes Nutritionist at 1-800-942-3858.