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Regulations and Guidance

 

Categories:

CACFP Regulations

OMB Circulars

Child Nutrition Legislation

Studies

FNS Instruction/Memos

CACFP Rates

Guidance/Q&As

Income Eligibility

 

CACFP Regulations

 

Fed Register Income Eligibility Guidelines (updated 5/1/2008)

Income eligibility guidelines to be used in determining program eligibility.

 

Fed Register Payment Rates (updated 07/9/2008)

Announces the annual adjustment to payment rates for meals and supplements served in day care homes.

 

Disregard of Overpayments in the CACFP (05/30/2006) 

This final rule creates uniform regulations related to the disregard of overpayments in the CACFP.

 

Permanent Agreements for Day Care Home Providers (06/15/2005)

This final rule provides for sponsors to establish permanent agreements with their family and group day care homes.

 

Duration of Tiering Determinations (02/22/2005) 

This final rule increases the duration of tier I determinations for day care homes when school data is used.

 

Improving Management and Program Integrity - 7 CFR Part 226 (09/01/2004)

This second interim rule makes significant changes to improve program management and integrity on issues that were more discretionary in nature. Comments were due September 1, 2005. 

 

Privacy Act Notice: Proposed New System of Records (02/12/2004)

FNS solicited comments regarding the collection of information on persons identified as responsible for serious deficiencies, proposed for disqualification, or disqualified to participate as principals or family day care home operators.

 

Implementing Legislative Reforms to Strengthen Program Integrity (06/27/2002) 

This interim rule makes significant changes to improve program management and integrity.

 

Amendments to the Infant Meal Pattern (05/28/2002)

This final makes information about infant meals more consistent and easier to read. It also clarifies egg servings in the child care snack pattern.

 

CACFP and Infant Meal Pattern (12/20/2001)

Amendments correct the meal pattern for infants ages 8 months to 11 months. It also corrects the meal pattern tables for suppers served to adults and supplements food served to children.

 

Improving Management and Program Integrity (09/12/2000)

This rule proposes important changes in applications, approvals, monitoring and training.

 

 

Child Nutrition Legislation

 

Legislative History

Overview traces significant changes in CACFP, from 1968 through 2004.

 

National School Lunch Act (11/04/2005)

Section 17 of the National School Lunch Act authorizes the Child and Adult Care Food Program. This link takes you the most current version of the Act, dated November 10, 2005.

 

Child Nutrition Act (10/04/2005)

The Child Nutrition Act authorizes the use of State Administrative Expense funding and makes other changes to the Child and Adult Care Food Program. This link takes you the most current version of the Act, dated October 4, 2005.

 

Child Nutrition and WIC Reauthorization Act of 2004 - Public Law 108-265 

This Act made several changes to the Child Nutrition Program as well as WIC. Provisions within the Act made changes to the Child and Adult Care Food Program. This version of the Act is dated June 30, 2004.

 

Public Law 106-224

Letter explains provisions of the Agricultural Risk Protection Act of 2000, signed into law on June 20, 2000.

 

Public Law 105-336

Memorandum implements amendments made by the Child Nutrition Reauthorization Act of 1998, enacted on October 31, 1998.

 

 

FNS Instructions/Memos

 

Simplified Acquisition Threshold Memo (07/03/08)

The purpose of this memorandum is to extend the prevailing simplified acquisition threshold, commonly referred to as the small purchase threshold, to the Child and Adult Care (CACFP) and Summer Food Service (SFSP) Programs.

 

Streamlining At-Risk Afterschool Meal Participation for School Food Authorities Currently Participating in the NSLP Memo (06/06/08)

The purpose of this memorandum is to establish the authority of State Agencies (SA) that administer the National School Lunch Program (NSLP) and the Child and Adult Care Food Program (CACFP) at-risk afterschool meals to permit School Food Authorities (SFA) to administer the CACFP at-risk afterschool meals in a manner consistent with the NSLP requirements.

 

Rebates from the Economic Stimulus Act of 2008 Memo (03/26/08)

This policy memorandum contains guidance to State agencies regarding the Economic Stimulus Act of 2008 that provides rebates to many low and middle-income households.

 

Sharing Income Eligibility Information between Child Nutrition Programs Memo (02/15/08)

The purpose of this memo is to highlight previously issued guidance on the disclosure of eligibility information between child nutrition programs, and to offer clarification on the application of this policy.

 

Guidance on Reallocation of CACFP Audit Funds Memo (02/13/08)

This memorandum provides the information needed to conduct the reallocation of CACFP audit funds.

 

Fiscal Year (FY) 2008 Reallocation of State Administrative Expense (SAE) Funds Memo (02/13/08)

This memorandum and attachments provide the information needed to conduct the FY 2008 reallocation of SAE funds. Reallocation is a formal process by which State agencies (SAs) can: (1) request additional SAE funds above their initial authorized funding level; or (2) return SAE funds they do not need.

 

Facility Applications and Agreements in the CACFP Memo (11/15/07)

In response to a recommendation of the CACFP Paperwork Reduction Work Group, this memorandum is issued to re-state previous guidance on facility applications and agreements.

 

Documentation of Block Claims Submitted by Sponsored Child Care Centers and Family Day Care Homes Memo (8/27/08)

Guidance permitting sponsoring organizations to evaluate and document the reason for a block claim detected during an unannounced review prior to the facility’s first submission of a block claim during the current review year.

 

Accommodations for Non-Traditional Program Operators Memo (7/03/07)

This memo provides CACFP Accommodations for Non-Traditional Program facilities such as emergency shelters, at-risk afterschool centers and outside-school-hours-care centers.

 

Electronic Record and Reporting Systems Memo (6/15/07)

This memo updates the October 2, 2001 policy memo regarding electronic transactions in Child Nutrition Programs.

 

Documentation of Tier I Eligibility Determinations in the CACFP Memo (6/15/07)

In December of 2006, the Agency released a study entitled “Child and Adult Care Food Program: Assessment of Sponsor Tiering Determinations”. The purpose of this memorandum is to highlight some of the results of that study, and to re-issue guidance concerning what constitutes acceptable documentation of tier I eligibility for family day care homes (FDCHs).

 

Operation of Child Nutrition Programs during a Pandemic Memo (6/11/07)

Questions addressed as a result of the activities being taken to plan a government-wide response to a potential outbreak of pandemic disease in regards to the Child Nutrition Programs’ operation during such an event.

 

Additional State Agency Requirements Memo (5/09/07)

The purpose of this memorandum is to provide guidance regarding the criteria and process for State agencies that wish to establish additional Program requirements under the authority provided at 7 CFR 226.25(b) of the Child and Adult Care Food Program (CACFP) regulations.

 

Update on Electronic Transactions in the Child Nutrition Programs Memo (5/01/07)

 

Guidance on Reallocation of FY2006 CACFP Audit Funds Memo (2/23/07)

This memorandum provides the information needed to conduct the reallocation of FY 2006 CACFP audit funds. Reallocation is the process by which State agencies (SAs) can request additional CACFP audit funds above their initially authorized funding level.

 

CACFP Paperwork Reduction Memo and Final Report (02/23/2007)

A summary of the recommendations made in the examination of the feasibility of reducing paperwork resulting from regulations and recordkeeping requirements for State agencies, family child care homes,, child care centers, and sponsoring organizations participating in the CACFP.

 

Retention of records relating to institutions, responsible principals or responsible individuals, and family day care homes on the National Disqualified List; retention of records relating to serious deficiencies (01/26/2007)

The purpose of this memorandum is to clarify Program requirements for the retention of records of responsible principles and recordkeeping requirements relating to serious deficiency.

 

Administrative Reimbursement for Non-Claiming Homes (06/29/2006)

Memorandum clarifies that sponsors of day care homes may not include non-claiming homes in the total number of homes reported for determining administrative reimbursements.

 

Issues Relating to Block Claims Submitted by Sponsored Child Care Centers and Family Day CareHomes (05/23/2006)

Answers questions regarding implementation of the block claim requirement.

 

2nd Interim Rule 2004

 

Prohibition on State Agencies’ Establishing Geographic Territories for Sponsoring Organizations in the CACFP (04/16/2006)

Clarifies that policies establishing limits on the specific and/or exclusive geographic areas in which CACFP sponsoring organizations may operate are inconsistent with Program regulations and, as such, prohibited.

 

Free and Reduced Price Meal Eligibility Determinations (03/30/2006)

Households are no longer required to report changes in circumstances.

 

Sponsor Monitoring of Facilities (05/23/2006)

Memorandum provides clarification for sponsor monitoring of various meals services at their facilities.

 

Block Claim Determinations (07/27/2005)

Memorandum provides clarification and guidance on the issue of block claiming.

 

Transfer of Data Related to the Child and Adult Care Food Program and the Food Stamp Program (03/29/2005)

Memorandum explains that sponsors are to share provider information for homes receiving Tier I reimbursements with the State Food Stamp Program office.

 

Policy Exception for Military Families (01/07/2005)

Memorandum further clarifies program policy for families affected by deployments in the Middle East.

 

Letter to Providers (11/24/2004)

This is a re-issuance of a Welcome Letter to CACFP day care home providers.

 

Clarification of Acceptable Infant Formula (11/09/2004)

Provided clarification to the NERO on acceptable infant formula in the Child and Adult Care Food Program.

 

Overpayments in the Child and Adult Care Food Program (09/17/2004)

On 10/1/2004, the law allows Federal and State administrators to disregard the collection of over claims that have been identified through a ME, a review, or an audit if the overpayment does not exceed the maximum overpayment disregard allowed in other programs under the Act, currently $600.

 

Acceptable Infant Formula (09/14/2004)

Provides clarification based upon questions received on the topic in the recent past.

 

Sponsor Monitoring Requirements (01/27/2004)

Memorandum provides guidance to several sponsor budget approval issues and concerns raised over the past several months. Note, following the brief memo are 2 pages of questions and answers.

 

Budget Approval Issues (06/30/2003)

Memorandum provides guidance to several concerns regarding for-profit multi-State sponsoring organizations and the applicability of FNS Instruction 788-16 to Program operations. Note, following the brief memo are 3 pages of questions and answers.

 

FNS Instruction 788-16 Clarification (06/25/2003)

Allows reimbursement of meals containing breast milk or iron-fortified infant formula that is supplied by the parent or by the facility.

 

Reimbursement for Infant Meals (04/28/2003)

Memorandum further clarifies program policy for families affected by deployment during Operation Enduring Freedom.

 

Policy Exception for Military Families (02/27/2003)

Memorandum clarifies that all eligible children in care must be offered a Program meal, especially infants in care.

 

Monitor Staffing Standards Guidance (02/21/2003)

Memorandum provides guidance on monitor staffing standards for sponsoring organizations and methodology for establishing State staffing factors.

 

Baby Fruits and Vegetables with DHA (12/19/2002)

Memorandum clarifies that certain baby food items containing DHA cannot be served a part of a reimbursable meal in the CACFP.  

 

Obligation to Offer Meals to All Infants in Care (05/17/2002)

Memorandum clarifies that all eligible children in care must be offered a Program meal, especially infants in care.

 

Use of Stop Payments in CACFP (03/01/2002)

Clarifies that the use of "stop payments" is no longer a valid means to enforce Program compliance.

 

Accommodating Children with Special Dietary Needs in Child Nutrition Programs (fall 2001)

 

FNS 796-2 Rev 3 (05/14/2001)

This instruction establishes program standards, principles and guidelines for financial management.

 

Feeding Infants in CACFP (04/20/2000)

Answers specific questions about serving reimbursable meals to babies.

 

 

Guidance/Q & As

 

CACFP Policy #03-2006: Questions and Answers on State Agency Oversight Tools, Sponsor Oversight Tools, and Training and Other Operational Issues in the Child and Adult Care Food Program (CACFP)(02/23/2005)

Memorandum clarifies that sponsors of day care homes may not include non-claiming homes in the total number of homes reported for determining administrative reimbursements.

 

CACFP Policy #01-2006: Questions and Answers on the Serious Deficiency Process in the Child and Adult Care Food Program (11/07/2005)

Memorandum provides clarification for sponsor monitoring of various meals services at their facilities.

 

CACFP Policy 06-2005: Q and As Regarding  Institution Applications from Training on the Second Interim Rule

This is the first in a series of questions and answers on various topics addressed in that training.

 

Clarification on Acceptable Infant Formulas (11/09/2004)

Answers specific questions about serving reimbursable meals to babies.

 

Implementation Guidance for State Agencies: 2nd Interim CACFP Management Improvement Rule

This guidance is intended to provide State agencies (SAs) with information for their use in implementing the provisions of this second interim management improvement rule.

 

Sponsoring Organization Guidance - Narrative

This is a proto-type guidance letter, for use by State agencies, to implement certain provisions of the second interim rule to sponsoring organizations.

 

Feeding Infants in CACFP (04/20/2000)

Answers specific questions about serving reimbursable meals to babies.

 

 

OMB Circulars

 

Circular No. A-133

Audit requirements for Non-Profit Organizations

 

OMB Circular A-122 (05/10/2004)

Cost Principles for Non-Profit Organizations

 

OMB Circular Sites:

 

http://www.whitehouse.gov/OMB/circulars/index.html

 

http://www.ombwatch.org

 

 

Studies

 

CACFP Meal Claiming Data Collection Pilot Project

 

CACFP Paperwork Reduction Report - February 2007 

A summary of the recommendations made in the examination of the feasibility of reducing paperwork resulting from regulations and recordkeeping requirements for State agencies, family child care homes,, child care centers, and sponsoring organizations participating in the CACFP.

 

CACFP Assessment of Sponsor Tiering Determinations Full Report

The full report of a program assessment developed and conducted to produce a national estimate of the share of CACFP FDCHs that are misclassified into the wrong reimbursement tier.

 

CACFP Assessment of Sponsor Tiering Determinations Summary

 

Improper Payments Information Act Program Assessment

The Improper Payments Information Act (IPIA) requires that Federal agencies calculate the amount of erroneous payments in their programs. This PDF file is a snapshot picture of the webpage showing the results for the CACFP study which can be viewed at www.ExpectMore.gov.

 

ERS Studies:

 

CACFP Meal Claiming Data Collection Project

 

Effects of Meal Reimbursement Tiering

 

Family Child Care Home Participation in the CACFP Effects of Reimbursement Tiering

 

Family Child Care Homes and Participation After Reimbursement Tiering

 

Family Child Care Providers in the CACFP - Operational Effects of Reimbursment Tiering

 

Households with Children in CACFP Child Care Homes - Effects of Meal Reimbursement Tiering

 

Meals offered by Tier 2 CACFP Family Child Care Providers - Effects of Lower Meal Reimbursements

 

Sponsoring Organizations in the CACFP - Administrative Effects of Reimbursement Tiering

 

 

CACFP Rates

 

Short Notes New Rates  (July 2006)

 

Fed Register Payment Rates July 1, 2007 – June 30, 2008 (07/10/2007)

Announces the annual adjustment to payment rates for meals and supplements served in day care homes.

 

 

Income Eligibility

 

Fed Register Income Eligibility Guidelines

Income eligibility guidelines to be used in determining program eligibility.

 

 

 

 

 

 

 

 

 

 

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