[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR226.17]



[Page 223-224]

 

                          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. 226.17  Child care center provisions.



    (a) Child 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. Child care centers participating as 

independent centers shall comply with the provisions of Sec. 226.15.

    (b) All child care centers, independent or sponsored, shall meet the 

following requirements

    (1) Child care centers shall have Federal, State, or local licensing 

or approval to provide day care services to children. Child 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 that renewal 

will be denied. If licensing or approval is not available, a center may 

participate if:

    (i) It receives title XX funds for child care; or

    (ii) It demonstrates compliance with the CACFP child care standards 

or any applicable State or local child care standards to the State 

agency.

    (2) Except for for-profit centers, child care centers shall be 

public, or have tax exempt status under the Internal Revenue Code of 

1986.

    (3) Each child care center participating in the Program shall serve 

one or more of the following meal types: (i) Breakfast, (ii) lunch, 

(iii) supper, and (iv) supplemental food. Reimbursement shall not be 

claimed for more than two meals and one supplement provided daily to 

each child.

    (4) Each child care center participating in the Program shall claim 

only the meal types specified in its approved application in accordance 

with the meal pattern requirements specified in Sec. 226.20. For-profit 

child care centers may not claim reimbursement for meals served to 

children in any month in which less than 25 percent of the children in 

care (enrolled or licensed capacity, whichever is less) were eligible 

for free or reduced price meals or were title XX beneficiaries. Menus 

and any other nutritional rec ords required by the State agency shall be 

maintained to document compliance with such requirements.

    (5) A child care center with pre-school children may also be 

approved to serve a breakfast, supplement, and supper to school-age 

children enrolled in an outside-school-hours care program meeting the 

criteria of Sec. 226.19(b) which is distinct from its day care program 

for preschool-age children. The State agency may authorize the service



[[Page 224]]



of lunch to such enrolled children who attend a school which does not 

offer a lunch program provided the limit of not more than two meals and 

one supplement per child per day is not exceeded. If the majority of 

children served by the center are participating in an outside-school-

hours care program, the center shall comply with reporting requirements 

of Sec. 226.19 and, if it is a facility, shall be monitored by the 

sponsoring organization at the frequency specified in Sec. 

226.16(d)(4)(iii).

    (6) A child 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 child care center and school. The center shall 

maintain responsibility for all Program requirements set forth in this 

part.

    (7) Child care centers shall collect and maintain documentation of 

the enrollment of each child, including information used to determine 

eligibility for free and reduced price meals in accordance with Sec. 

226.23(e)(1). In addition, Head Start participants need only have a Head 

Start statement of income eligibility, or a statement of Head Start 

enrollment from an authorized Head Start representative, to be eligible 

for free meal benefits under the CACFP. Such documentation of enrollment 

must be updated annually, signed by a parent or legal guardian, and 

include information on each child's normal days and hours of care and 

the meals normally received while in care.

    (8) Each child care center must maintain daily records of time of 

service meal counts by type (breakfast, lunch, supper, and snacks) 

served to enrolled children, and to adults performing labor necessary to 

the food service.

    (9) Each child care center must require key staff, as defined by the 

State agency, to attend Program training prior to the center's 

participation in the Program, and at least annually thereafter, on 

content areas established by the State agency.

    (c) Each child 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.

    (d) If so instructed by its sponsoring organization, a sponsored 

center must distribute to parents a copy of the sponsoring 

organization's notice to parents.



[47 FR 36527, Aug. 20, 1982, as amended at 52 FR 36907, Oct. 2, 1987; 53 

FR 52591, Dec. 28, 1988; 54 FR 26724, June 26, 1989; Amdt. 22, 55 FR 

1378, Jan. 14, 1990; 61 FR 25554, May 22, 1996; 62 FR 23619, May 1, 

1997; 63 FR 9729, Feb. 26, 1998; 64 FR 72261, Dec. 27, 1999; 67 FR 

43493, June 27, 2002; 69 FR 53546, Sept. 1, 2004; 70 FR 43262, July 27, 

2005]