Handout C - Serious Deficiency (Sample Letter)
Send this letter by certified mail/return receipt or an equivalent private delivery.
City, State 00000
This letter concerns our finding that your operation of the Child and Adult Care Food Program (CACFP) is "seriously deficient". On [date] a representative of [the sponsorship name] found the following areas of noncompliance while conducting [a monitoring visit, a review of your records, verification of attendance, etc]:
- List reasons here. [Use Handout A: Each serious deficiency discussed must include a citation to the relevant regulations at §226.16(l)(2) (if the serious deficiency is not specifically listed, you may cite §226.16(l)(2)(vii) "any other circumstance related to non-performance under the sponsoring organization-day care home agreement"]
Immediate action must be taken to correct these serious deficiencies, as detailed below.
- List specific actions that must be taken to correct the deficiencies.
If you do not fully and permanently correct all of the serious deficiencies and submit documentation of the corrective action by [due date - up to 30 days], we will propose to terminate your agreement to participate in the CACFP for cause and disqualify you from future CACFP participation.
If you voluntarily terminate your agreement after receiving this letter, we will propose to disqualify you from future CACFP participation. If disqualified, you will be placed on the National Disqualified List. While on the list, you will not be able to participate in the CACFP as a day care home provider. In addition, you will not be able to serve as a principal employee in any CACFP sponsor or child care facility. You will remain on the list until such time as NYS CACFP determines that the serious deficiencies have been corrected or until 7 years after the date of disqualification. However, if any debt relating to the serious deficiencies has not been repaid, you will remain on the list until the debt has been repaid in full.
If we do not receive the documentation of your corrective action by [due date], or if we determine that the actions taken do not fully and permanently correct all of the serious deficiencies, we will propose to terminate your CACFP agreement for cause and will propose to disqualify you.
You may not appeal the serious deficiency determination. However, if we propose to terminate your agreement for cause or propose to disqualify you, you will be able to appeal those actions and you will be advised of your appeal rights and the appeal procedures at that time.
You may continue to participate in the CACFP during the corrective action period. We will pay any valid claims for reimbursement submitted by you for this period. You must submit the claims by the normal deadline.
[Insert if applicable: "If we receive the documentation of your corrective action by the due date and determine that it fully and permanently corrects all of the serious deficiencies, then we will conduct an unannounced follow-up visit to verify the that the corrective actions were completed."] If we find in [insert if applicable: "the follow-up review or"] any subsequent review that any of these serious deficiencies have not been fully and permanently corrected, we will immediately propose to terminate your agreement for cause and propose to disqualify you without any further opportunity for corrective action.
Sponsor Employee Name & Title
cc: CACFP Homes Unit, NYSDOH