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-III - APPLICATION AND ADMINISTRATION OF THE CHILD AND ADULT CARE FOOD PROGRAM › Subsection 148-1-III-D - CHILD CARE AND OUTSIDE-SCHOOL-HOURS CENTERS RESPONSIBILITY

Current through 2024-29, July 17, 2024
1. PURPOSE:
To establish requirements for child day care and
					 outside-school-hours care center participation in the Child and Adult Care Food
					 Program.
2. STANDARDS:
1. A child day care or an
				  outside-school-hours care center may participate in the program as either an
				  independent center or under the auspices of a sponsoring organization;
				  provided, however, that public and private non-profit centers may not
				  participate in the C.A.C.F.P. under the auspices of a for-profit sponsoring
				  organization. Independent centers shall comply with the same provisions as
				  sponsoring organizations.
2. Child
				  day care and outside-school-hours care centers shall be licensed by the
				  Department of Human Services or by military authorities, if located on a
				  military installation. A child day care or outside-school-hours care center
				  which is complying with licensing laws and which is in the process of license
				  renewal may,, if the Department is reasonably sure the license will be renewed,
				  participate or continue to participate in the C.A.C.F.P.
3. Child day care and outside-school-hours
				  care centers shall complete no less often than annually a "Dear Parent"
				  package, updated yearly and provided by the Bureau, for each child for whom
				  meals/supplements will be claimed.
a. When a
				  parent/guardian applies for C.A.C.F.P. participation on behalf of a child who
				  Is a member of a food stamp family or an AFDC assistance units only the
				  sections requesting the child's name, age, racial/ethnic identity, food stamp
				  or AFDC case number, and the applicant parent/guardian's signature, social
				  security number, and date of signature need be completed. Such child shall be
				  automatically eligible for "Free" meals.
b. Applicants who are not eligible for "Free"
				  meals based on membership in a food stamp family or an AFDC assistance unit,
				  shall complete the "Dear Parent" application as follows:
1 If the application is for a "Foster Child"
				  the child shall be considered to be a family of one and only funds available to
				  the child shall be listed as income. The application shall also indicate this
				  is a "Foster Child." . All other portions of the application shall be
				  completed.
2 Households not meeting
				  the Requirements of (a) and (b.1) but whose total household income does not
				  exceed the maximum "Reduced-Price" guidelines shall complete all portions of
				  the application.
3 Households whose
				  total income places them above the guidelines for "Free" or "Reduced-Price"
				  meals may indicate "Over income" in the family size and income portion of the
				  application and shall complete all other portions.
4. Child day care and
				  outside-school-hours care centers shall keep daily meal count/attendance
				  records of all. enrolled children. A meal count/attendance record may cover a
				  period of one day, one week.. or one month. The report shall be completed at
				  the time of meal/supplement service for each center and include:
a. The day, month and year of the
				  report;
b. The name of the
				  center;
c. The name and age of each
				  child enrolled in the program;
d.
				  Each enrolled child's presence or absence in the program for each day the
				  center operated; and
e. The meals
				  and/or supplements claimed for reimbursement for each child in attendance each
				  day.
5. Child day care
				  and outside-school-hours care centers may claim only two meals and one
				  supplement or one meal and two supplements per child per day of operation,
				  unless one of the following standards is met:
a. If time-in, time-out documentation is
				  maintained for every child in attendance each day the center is in operation,
				  and at least 2 hours elapse between the service of any two meal types, two
				  meals and two supplements or three meals and one supplement may be claimed for
				  each child who was in care at least 8 hours and during each meal service
				  claimed on the day(s) In question; or
b. If the center's documented and adhered to
				  meal service pattern shows a lapse of at least 8 hours between the end of the
				  first meal service of the day and the beginning of the fourth meal service of
				  the day, and at least two hours elapse between the service of any two meal
				  types, two meals and two supplements or three meals and one supplement may be
				  claimed for any child who was in care during each meal service claimed on the
				  day(s) in question.
6.
				  Child day care and outside-school-hours care centers shall maintain daily
				  menus, food production reports, and records, by age group, of the number of
				  meals by type prepared for service to enrolled children and to adults
				  performing labor necessary to the food service.
a. A menu shall:
1 Be completed for each meal and supplement
				  provided to children enrolled in the C.A.C.F.P.;
2 Contain the date and day of the week for
				  which the meal/supplement is planned;
3 List each component of the meal/supplement
				  separately; and
4 Be conspicuously
				  displayed for parental or Supervisory review.
b. A Food Production report shall:
1 Be completed for each meal and supplement
				  prepared;
2 Contain a list of food
				  items prepared;
3 Specify the total
				  quantity prepared of each food item;
4 Show the number of children, by age group,
				  the meal was prepared to serve; and
5 The number of attendant adults to be
				  served.
7.
				  Child day care and outside-school hours care centers shall ensure that meals
				  are planned on the basis of one meal/supplement per child expected to be in
				  attendance plus double the U.S.D.A. defined minimum portion size for children
				  in the 3 through 5 age group for each adult expected to be served. If the
				  number of children and/or adults in attendance exceeds the number planned the
				  quantity of each food item prepared must be adjusted upwards and documented
				  accordingly.
8. Child day care and
				  outside-school-hours care centers may utilize existing school food service
				  facilities or other vendor service to obtain meals. The responsibilities and
				  requirements of each party shall be embodied in a written contract between the
				  child day care center and the vendor. The center shall maintain responsibility
				  for all financial and program requirements set forth in this manual. A copy of
				  each vendor contract shall be submitted to the Bureau for inclusion as part of
				  the Bureau's C.A.C.F.P. agreement with the .organization.
9. Child day care centers or
				  outside-school-hours care centers shall be responsible for ensuring that
				  meals/supplements received from vendors meet or exceed the minimum component
				  and quantity requirements spelled out in Section IV of this manual.
10. Child day care centers shall ensure that
				  each meal/supplement served is supervised by an adequate number of
				  staff.
11. Organizations which
				  contract for food service or meal delivery with other than public or private
				  non-profit schools are considered to be dealing with a Food Service Management
				  Company and must assure all provisions of 7 CFR Part 226, §
											226.21
				  are met in their entirety.
12. A
				  child day care center participating in the C.A.C.F.P. shall serve one or more
				  of the following meal types: Breakfast, A.M. Supplement, Lunch, P.M.
				  Supplement, Supper, Evening Supplement. A participating center:
a. Shall only claim the meal types specified
				  in Its approved agreement and served in compliance with meal pattern
				  requirements of Section IV of this manual; and
b. Shall plan for meals and supplements so
				  that there are at least 2 hours between the beginning of each meal and/or
				  supplement service.
13.
				  Outside-school-hours care centers participating in the C.A.C.F.P. shall serve
				  one or more of the following meal types: Breakfast, A.M. Supplement, P.M.
				  Supplement, Supper, and Evening Supplements to enrolled children outside of
				  school hours. Outside-school-hours care centers:
a. Shall not claim for reimbursement more
				  than two meals and one supplement or one meal and two supplements provided
				  daily to each enrolled child in attendance.. unless the requirements relating
				  to claiming two meals and two supplements or three meals and one supplement
				  which were spelled out in Section III, Subsection D, page #2, item #5, and the
				  meal hour requirements spelled out in item #14 below are met.
b. Shall only claim the meal types specified
				  in its approved agreement and served in compliance with meal pattern
				  requirements of Section IV of this manual.
14. Outside-school-hours care centers shall
				  ensure that each meal service is supervised by an adequate number of
				  operational personnel trained in C.A.C.F.P. requirements. Operational personnel
				  shall ensure that:
a. Meals are served only
				  to children enrolled for care and to adults who perform necessary food service
				  labor;
b.
1 Three hours shall elapse between the
				  beginning of one meal service and the beginning of another, except that 4 hours
				  shall elapse between the services of a lunch and supper when no supplement is
				  served between lunch and supper.
2
				  The service of a supper shall begin no later than 7:00 P.M. and end no later
				  than 8:00 P.M.
3 The duration of a
				  meal service shall be limited to two hours for a lunch or a supper and one hour
				  for any other meal/supplement;
c. Reimbursement shall not be claimed for
				  meals served to children who are not enrolled, or for meals served to children
				  at any one time who are in excess of the center's authorized
				  capacity;
d. Meals are served and
				  consumed on the premises of the center;
e. Meals are planned on the basis of average
				  daily attendance;
f.
				  Outside-school-hours care centers may serve lunch on weekdays to enrolled
				  children attending schools which do not offer a lunch program. Lunch may be
				  served to all enrolled children during periods of school vacation, including
				  weekends and holidays; and
g.
				  Outside-school-hours care centers may not operate under the program on weekends
				  only.