Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.1 - General › Rule 37.75.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this chapter, the following definitions
				  apply:
(1) "Active recruitment" means
				direct contact, initiated by a day care home sponsor, with a provider that is
				currently participating in the Child and Adult Care Food Program (CACFP) under
				a current CACFP Sponsor/Provider Agreement, for the purpose of enticing the
				provider to switch the provider's CACFP Sponsor/Provider Agreement to a
				different sponsor. Examples of such direct contact considered to be active
				recruitment include but are not limited to a contact made in person, by phone
				call, through e-mail, by fax, and through a mailing or through a newsletter
				that is invitational in content disseminated by a sponsor to one or more
				providers that it does not sponsor.
(2) "Adult day care center" means an adult
				day care center as defined in
				7 CFR
				226.2.
(3) "Advanced payment" means funds made
				available to an institution for its CACFP costs prior to the month in which
				such costs will be incurred.
(4)
				"Adverse action" means an action taken by the state CACFP in the administration
				of the CACFP having a negative impact on an institution.
(5) "Announced review" means an on site
				review that occurs after forewarning.
(6) "Authorized capacity" means the number of
				children that a licensed or approved child care center or registered day care
				home is able to have in care at any one time including overlap.
(7) "CACFP" means the Child and Adult Care
				Food Program as designated in section 17 of the National School Lunch Act as
				amended (codified at
				42 USC
				1766 ).
(8) "Center" means a child care center, an
				adult day care center, or an outside school hours care center. "Center" may
				also mean an emergency shelter, special after school snacks center, Head Start
				center, or proprietary center that enters into an agreement with the department
				to administer the CACFP in a specific area for a specific period of
				time.
(9) "Child care center" means
				any public or private nonprofit organization, or any proprietary center,
				licensed or approved to provide nonresidential child care services to enrolled
				children, primarily of preschool age, including but not limited to day care
				centers, settlement houses, neighborhood centers, Head Start centers, and
				organizations providing day care services for children with disabilities. Child
				care centers may participate in the CACFP as independent centers or under the
				auspices of a sponsor.
(10)
				"Combination food" means an entree with more than one CACFP required food
				component included in its ingredients.
(11) "Corrective action plan" means a plan
				indicating the actions to be taken by an institution or provider entity for the
				purpose of correcting a deficiency or addressing a problem.
(12) "Day care home" or "DCH" means a family
				or group day care home as those terms are defined in
				52-2-703,
				MCA, and is an organized nonresidential child care program for children
				enrolled in a private home registered or approved as a family or group day care
				home, and participating in the CACFP through a sponsor.
(13) "Department" means the Department of
				Public Health and Human Services.
(14) "Elementary school" means any school
				serving children in grades K through 8.
(15) "Emergency shelter" means a public or
				private nonprofit organization whose primary purpose is to provide temporary
				shelter and food services to homeless families with children.
(16) "Institution" means a sponsor or child
				care center which enters into an agreement with the department to assume final
				administrative and financial responsibility for CACFP operations.
(17) "Licensing staff" means department
				personnel who enforce state laws and rules for the purpose of registering,
				licensing, and regulation of child care.
(18) "Outside school hours care center" has
				the meaning cited in
				7 CFR
				226.2.
(19) "Processed meats", for purposes of the
				CACFP, means hot dogs, salami, sausage, and food of this type, but does not
				include ground meats such as hamburger or cured meat such as ham.
(20) "Program" means the Child and Adult Care
				Food Program.
(21) "Proprietary
				center" means a qualifying child care center participating in the CACFP as a
				for-profit center that is:
(a) a proprietary
				Title XIX or Title XX center with at least 25% of enrolled or authorized
				capacity, whichever is less, that is paid from a state pooled funding source
				which includes federal Title XX funds; or
(b) a free and reduced price center with at
				least 25% of its enrollment or authorized capacity, whichever is less, that is
				in the free and reduced price reimbursement category.