Transmission of Household Income Information by Tier II Family Day Care Homes in the CACFP

The Healthy, Hunger-Free Kids Act of 2010 (the Act), PL 111-296, modified requirements for the transmission of household income information by tier II family day care home providers in the Child and Adult Care Food Program (CACFP) to their sponsoring organization (sponsor). The purpose of this memorandum is to provide guidance on the implementation of this provision.

Section 333 of the Act amends section 17(f)(3)(A)(iii)(III) of the Richard B. Russell National School Lunch Act (42 USC 1766(f)(3)(A)(iii)(III)) to allow tier II family day care home providers in the CACFP to assist in the transmission of household income information from families of enrolled children to their sponsors. Previously, if permitted by the state agency and the sponsors, tier II providers could distribute income eligibility forms to the households of enrolled children in their care, but it was the responsibility of the sponsors to collect the forms from the households (7 CFR 226.18(12)).

Under the Act, tier II family day care home providers now have specific authority to collect the household income eligibility forms from households and transmit them to their sponsors. However, if tier II family day care home providers wish to collect and transmit household information, they or the sponsors must ensure that each household knows:

• The household is not required to complete the income eligibility form in order for their children to participate in CACFP; and
• Households have the option, if they choose to complete the income eligibility form, of either:
  • returning the form directly to the sponsor at the address indicated on the form; or
  • returning the form to the provider with written consent allowing the provider to collect the form and transmit it to the sponsor on the household’s behalf.

A written consent clause will be included in the revised prototype Family Day Care Home letter and the revised Meal Benefit Income Eligibility Form.

Please note that tier II family day care home providers may not be required by the state agency or sponsor to collect and transmit household information to sponsors, but now have this as an option.

State agencies should direct any questions concerning this guidance to the appropriate FNS regional office. Regional offices with questions should contact the child nutrition division.

Cynthia Long
Director
Child Nutrition Division