[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR226.19]

[Page 197-198]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 226--CHILD AND ADULT CARE FOOD PROGRAM--Table of Contents
 
                    Subpart E--Operational Provisions
 
Sec. 226.19  Outside-school-hours care center provisions.

    (a) Outside-school-hours care centers may participate in the Program 
either as independent centers or under the auspices of a sponsoring 
organization; Provided, however, That public and private nonprofit 
centers shall not be eligible to participate in the Program under the 
auspices of a for-profit sponsoring organization. Outside-school-hours 
care centers participating as independent centers shall comply with the 
provisions of Sec. 226.15.
    (b) All outside-school-hours care centers, independent or sponsored, 
shall meet the following requirements:
    (1) Outside-school-hours care centers shall have current Federal, 
State or local licensing or approval to provide organized child care 
services to enrolled school-age children outside of school hours. The 
main purpose of the Program shall be the care and supervision of 
children. Outside-school-hours care centers which are complying with 
applicable procedures to renew licensing or approval may participate in 
the Program during the renewal process, unless the State agency has 
information which indicates the renewal will be denied. If licensing or 
approval is not available, an outside-school-hours care center may 
participate in the Program if:
    (i) It receives title XX funds for providing child care; or
    (ii) It demonstrates compliance with CACFP child care standards or 
any applicable State or local child care standards to the State agency.
    (2) Except for proprietary title XX centers, outside-school-hours 
care centers shall be public, or have tax-exempt status under the 
Internal Revenue Code of 1986, or be moving toward compliance with the 
requirements for tax-exempt status, or be currently participating in 
another Federal program requiring nonprofit status. Centers which have 
applied to IRS for tax-exempt status may participate in the Program 
while their application is pending review by IRS. If IRS denies the 
application, the center shall immediately notify the State agency of 
such denial and the State agency shall terminate the participation of 
the center. If IRS certification of nonprofit status has not been 
received within 12 months of filing the application with IRS and IRS 
indicates that the center has failed to provide all required 
information, the State agency shall terminate the participation of the 
center in the Program until such time as IRS certification is obtained.
    (3) Nonresidential public or private nonprofit schools which provide 
organized child care programs for school children may participate in the 
Program as outside-school-hours care centers if:
    (i) Children are enrolled in a regularly scheduled child care 
program which meets the criteria of paragraph (b)(1) of this section. 
The program is organized for the purpose of providing child care 
services and is distinct from any extracurricular programs organized 
primarily for scholastic, cultural, and athletic purposes; and
    (ii) Separate Program records are maintained.
    (4) Outside-school-hours care centers shall be eligible to serve one 
or more of the following meal types: breakfasts, supplements and 
suppers. In addition, outside-school-hours care centers shall be 
eligible to serve lunches to enrolled children during periods of school 
vacation, including weekends and holidays, and to enrolled children 
attending schools which do not offer a lunch program. Notwithstanding 
the eligibility of outside-school-hours care centers to serve Program 
meals to children on school vacation, including holidays and weekends, 
such centers shall not operate under the Program on weekends only.
    (5) Each outside-school-hours care center participating in the 
Program shall claim only the meal types specified in its approved 
application and served in compliance with the meal pattern requirements 
of Sec. 226.20. Reimbursement shall not be claimed for

[[Page 198]]

more than two meals and one supplement provided daily to each child, 
except that reimbursement may be claimed for two meals and two 
supplements or three meals and one supplement served to a child for each 
day in which that child is maintained in care for eight or more hours. 
In addition, reimbursement shall not be claimed for meals served to 
children who are not enrolled, for meals served to children at any one 
time in excess of authorized capacity, or for any meal served at a 
proprietary title XX center during a calendar month when less than 25 
percent of enrolled children or 25 percent of licensed capacity, 
whichever is less, were title XX beneficiaries.
    (6) Three hours shall elapse between the beginning of one meal 
service and the beginning of another, except that 4 hours shall elapse 
between the service of a lunch and supper when no supplement is served 
between lunch and supper. The service of a supper shall begin no later 
than 7 p.m. and end no later than 8 p.m. The duration of the meal 
service shall be limited to 2 hours for lunches and supper and 1 hour 
for other meals.
    (7) Each outside-school-hours care center shall ensure that each 
meal service is supervised by an adequate number of operational 
personnel trained in Program requirements. Operational personnel shall 
ensure that:
    (i) Meals are served only to children enrolled for care and adults 
who perform necessary food service labor; (ii) meals served to children 
meet the meal pattern requirements specified in Sec. 226.20; (iii) each 
meal service is consistent with the meal time requirements of paragraph 
(b)(7) of this section; (iv) meals served are consumed on the premises 
of the centers; (v) accurate records are maintained; and (vi) the number 
of meals prepared or ordered is promptly adjusted on the basis of 
participation trends.
    (8) Each outside-school-hours care center shall accurately maintain 
the following records:
    (i) Documentation of enrollment for all children, including 
information used to determine eligibility for free or reduced price 
meals in accordance with Sec. 226.23(e)(1);
    (ii) Number of meals prepared or delivered for each meal service;
    (iii) Daily menu records for each meal service;
    (iv) Number of meals served to enrolled children at each meal 
service;
    (v) Number of enrolled children in attendance during each meal 
service;
    (vi) Number of meals served to adults performing necessary food 
service labor for each meal service; and
    (vii) All other records required by the State agency financial 
management system.
    (9) An outside-school-hours care center may utilize existing school 
food service facilities or obtain meals from a school food service 
facility, and the pertinent requirements of this part shall be embodied 
in a written agreement between the outside-school-hours care center and 
the school. The center shall maintain responsibility for all Program 
requirements set forth in this part.
    (c) Each outside-school-hours care center shall comply with the 
recordkeeping requirements established in Sec. 226.10(d), in paragraph 
(b) of this section and, if applicable, in Sec. 226.15(e). Failure to 
maintain such records shall be grounds for the denial of reimbursement.

[47 FR 36527, Aug. 20, 1982, as amended at 52 FR 36907, Oct. 2, 1987; 54 
FR 26724, June 26, 1989; Amdt. 22, 55 FR 1378, Jan. 14, 1990; 56 FR 
58175, Nov. 16, 1991; 61 FR 25554, May 22, 1996; 62 FR 23619, May 1, 
1997; 64 FR 72261, Dec. 27, 1999]