FNS Documents & Resources

As you are aware, the fiscal year 2002 Department of Agriculture appropriations legislation (PL 107-76), enacted on Nov. 28, 2001, extended the free and reduced price provision for for-profit centers in the CACFP through Sept. 30, 2002.

This memorandum clarifies the Child and Adult Care Food Program termination process and provides guidance on steps that can be taken if additional information becomes available subsequent to the termination of an institution.

Prior to issuance of a final rule, we are authorizing determining agencies to disclose free and reduced price meal or free milk eligibility information to the extent authorized in the statute.

Several provisions in this law affect the administration of CACFP. We intend to publish regulations to implement these provisions as soon as possible. However, except as noted below, these provisions must be implemented in accordance with the statutory effective date. This memorandum provides guidance for state agencies to use until final rules are published.

This memorandum is intended to clarify that, consistent with the National School Lunch Act and CACFP regulations, there are a variety of ways for Native American child care facilities to meet the licensing and approval requirements for participation in CACFP.

This is to advise that the Departmental regulation, 7 CFR Part 3052, addresses the audit requirements of for-profit subrecipients and supersedes the audit requirements established at 7 CFR 226.8(a) for CACFP Proprietary Title XIX and Title XX institutions.

This memorandum attempts to answer specific questions raised about CACFP providers incorporating their day care home operations under the laws of their respective states and the effect incorporation has on program participation.

This Instruction clarifies those areas in the CACFP regulations where the approval of FNS is required before an action can be initiated. In some cases, the FNS regional office will grant final approval.

This Instruction provides guidelines for determining the eligibility of individuals over 12 years of age with mental or physical disabilities in child care facilities under the CACFP. Note, individuals above age 18 years with mental or physical disabilities are also eligible for participation in adult day care centers participating in the CACFP.

Section 10 of the Child Nutrition Act of 1966 permits the Secretary to authorize any state or regional office, where applicable, to reserve up to 1 percent of the funds earned in any fiscal year under both the National School Lunch Act and the CNA for special developmental projects.