Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - CHILD AND ADULT CARE FOOD PROGRAM POLICY MANUAL NONDISCRIMINATION NOTICE › Section 148-1-II - STATE ADMINISTRATIVE RESPONSIBILITIES

Current through 2024-29, July 17, 2024
1. PURPOSE:
To delineate the specific responsibilities of the Bureau of
				  Child and Family Services of the Department of Human Services for the
				  administration of the Child and Adult Care Food Program.
2. STANDARDS:
The Bureau of Child and Family Services shall be responsible
				  for:
1. Developing
				application/reapplication forms.
2.
				Annually determining an organization's preference for receiving donated
				commodities or cash-in-lieu of commodities.
3. Providing organizations with application
				forms for initial participation in the C.A.C.F.P.
4. Providing organizations with technical
				assistance in completing the applications.
5. Providing participating organizations at
				the time of renewal, the choice of receiving advanced or reimbursed meal
				payments.
6. Informing
				participating organizations of their right to appeal an adverse
				action.
7. Approving each
				organization's annual meal service and administrative budgets.
8. Determining that all meal procurements
				with food service management companies are in compliance with bid and
				contractual requirements.
9.
				Reviewing submitted applications for completeness, reasonability and
				appropriate signatures of organization officials.
10. Submitting properly completed
				applications to the Commissioner, Department of Human Services for final
				approval or renewed
11. Annually
				providing each non-participating licensed/registered child day care center,,
				adult day care center and child day care home with information describing the
				availability of the program and* for each child day care home,, a list of
				participating sponsoring organizations.
12. Annually developing a State plan of
				anticipated expenses for the administration of the C.A.C.F.P.
13.Performing a "Supervisory Review" of each
				participating adult or child day care organization's compliance with meal
				requirements, family size, income, and Racial/Ethnic identity standards,
				financial management, non-discrimination policies, meal preparation procedures,
				food service management, food service equipment conditions and cleanliness in
				such a manner that:
a. Independent centers,
				organizations operating centers, and organizations sponsoring child day care
				homes with 1 to 200 homes shall be reviewed at least once every three years.
				The Supervisory Review shall include visits to at least 15 percent of the adult
				or child day care and outside-school-hours care centers and 10 percent of the
				child day care homes operated and/or sponsored by the organization being
				reviewed.
b. Sponsoring
				organizations with more than 200 homes shall be reviewed at least once every
				two years. Reviews of such organizations shall include visits to at least 5
				percent of the first 1,000 homes and 2.5 percent of all homes in excess of
				1,000.
c. Any organization which
				operates and/or sponsors five or more day care facilities at the time of
				acceptance into the C. A. C. F. P. shall be reviewed within the first 90 days
				of C.A.C.F.P. participation.
d. A
				pre approval visit is performed of each new organization prior to acceptance
				into the C.A.C.F.P.
14.
				Publishing and transmitting to each participating organization the
				reimbursement rates and eligibility guidelines, based on family size and income
				levels, for the "Free", "Reduced-price" and "Paid" rate categories upon receipt
				from U.S.D.A. Food and Nutrition Services.
15. Calculating payment to participating
				"non-pricing" organizations for meals served in adult day care, child day care
				and outside schools hours care centers on the basis of "claiming percentages."
				An organizations "claiming percentages" are to be determined by comparing the
				number of participants enrolled in each of the "Free", "Reduced-Price" and
				"Paid" categories to the total of these enrollments as of the last day of each
				organization's claiming month.
16.
				Calculating payment to participating "pricing" organizations on the basis of
				"actual meal count by eligibility category."
17. Maintaining records of all food service
				and administrative equipment purchased with C.A.C.F.P. funds administered by
				the Bureau* The records shall contain:
a.
				Date and type of equipment purchased;
b. Cost of the equipment (copy of invoices
				showing name of vendor, allowance for traded equipment, if any, and final
				purchase price);
c. Location of the
				equipment (organization facility, etc.);
d. Serial number, model number and brand name
				of each item purchased;
e. The
				percent of C.A.C.F.P. funds to total cost; and
f. The disposition of equipment.
18. Providing an audit of the
				participating organization's program funds, payments and operation at least
				every 2 years in accordance with OMB Circulars and the Maine Uniform Accounting
				and Auditing practices for community agencies. (See Section V, Subsection
				B)
19. Recovering, from C.A.C.F.P.
				participant organizations, overpayments discovered by Bureau C.A.C.F.P. staff
				during normal monitoring procedures,, Supervisory Reviews,, or the audits of an
				organization. This does not relieve the participant organizations of the
				responsibility of recovering overpayments which may have been paid to
				facilities which they operate or sponsor for C.A.C.F.P. purposes.
20. Shall terminate an organization's
				participation in the C.A.C.F.P. by written notice, whenever it is determined by
				Department personnel that the organization is seriously deficient and has
				failed to comply with Federal or State rules governing the C.A.C.F.P. Serious
				deficiencies, which are grounds for disapproval of an application, or
				termination of an agreement, include, but are not limited to, any of the
				following:
a. The submission of false
				information to the Department;
b.
				Failure to return to the Department any advance payments which exceed the
				amount earned for serving reimbursable meals;
c. Failure to maintain adequate
				records;
d. Failure to adjust meal
				orders to conform to variations in the number of eligible participating
				children or adults;
e. The claiming
				of program payments for meals not served to eligible participating children or
				adults;
f. Service of a significant
				number of meals which did not include required quantities of all required meal
				components;
g. Continued use of
				food service management companies that are in violation of health
				codes;
h. Failure of a sponsoring
				organization to distribute payments to its facilities in accordance with its
				management plan;
i. A history of
				administrative or financial mismanagement in any Federal child or adult
				nutrition program;
j. Failure to
				maintain State or Federal licensing or certification;
k. The claiming of program payments for meals
				served by a proprietary Title XIX or Title XX center during a calendar month in
				which less than 25 percent of eligible enrolled children or adults were Title
				XIX or Title XX beneficiaries.
21. May require annually at least one month
				of menus and/or production reports from each organization to be reviewed as to
				the level of compliance with meal and supplement component and quantity
				requirements.
22. Assure that each
				organization operating Adult Day Care Centers understands that C.A.C.F.P.
				payments shall not be claimed for, or share in the cost of, any meals funded
				under Part C of Title III of the Older Americans Act of 1965.
23. Shall annually conduct a training
				conference for all participating organizations.