March 14, 2000
Participation
of Emergency Shelters in the Child and Adult Care Food Program (CACFP)Questions
and Answers
Since July 1, 1999, CACFP benefits have been extended to
include meal services to children who reside with their families in emergency shelters,
under the provisions of section 17(t)(1) of the National School Lunch Act (NSLA). You and
your States have raised a number of questions about the approval of shelters and the meal
services they provide to children in CACFP. Because the circumstances of an emergency
shelter are so different from any other type of CACFP institution, we thought it would be
helpful to share these questions, and our responses, with you.
In every response, we wanted to be certain that CACFP
provides children in families experiencing homelessness the nutrition assistance they
need. We also wanted to reduce the potential for abuse in CACFP. Participating shelters
must be accountable and only claim reimbursement for eligible children. They must ensure
that CACFP funds are used only for the conduct or improvement of the CACFP food service
operation, principally for the benefit of participating children.
Finally, we recognize that homeless service agencies
target and serve persons and families experiencing homelessness in different ways. We
wanted to be flexible enough so that the program will not become so burdensome that it
discourages emergency shelters from participating, or prevents eligible children from
receiving the nutrition assistance they need through CACFP.
1. Can shelters be independent institutions or must they
participate through a sponsoring organization? An emergency shelter can participate as
an independent institution, which takes an agreement directly with the State agency, or as
a sponsoring organization of one or more shelter facilities.
2. Which institutional provisions of the regulations apply
to emergency shelters? When Public Law 105-336 added "emergency shelters" as
a new category of eligible CACFP institution, it recognized the unique mission and
financial circumstances of emergency shelters in the program. The law established
requirements in section 17(t) of the NSLA, that are different from those for other types
of institutions and facilities. For example, to be eligible to participate in CACFP,
emergency shelters are not required to be licensed or approved to provide day care,
although they must meet appropriate State or local health and safety standards. Shelters
receive a single set of rates of reimbursement ("free"). Each day, they may
serve up to three reimbursable mealsbreakfast, lunch, and supperor two meals
and one snack, at no charge, to each eligible child.
3. Besides family shelters and shelters for battered
women, what are some other types of shelters which would be eligible to participate in
CACFP? Any facility whose primary purpose is to provide temporary shelter to homeless
families with children is eligible to participate in CACFP. In most cases, an eligible
shelter is one that combines overnight facilities with day programs, such as congregate
meal services, for homeless children and their parents or guardians. While we recognize
that homeless service agencies target and serve homeless individuals and families in
different ways, not all temporary living situations are eligible for CACFP. For example,
transitional apartments, independent living facilities, single room occupancy (SRO)
residences (such as SRO hotels that provide a small private room for one person), and
housing units where families double or triple up with friends or relatives are generally
not eligible for CACFP. 4. Can an emergency shelter that is registered as a
residential child care institution (RCCI) participate in CACFP? Yes, there are
situations where a shelter that is licensed as an RCCI may be eligible for CACFP. Although
a residential facility that provides services to children under court or State custody is
not eligible, an RCCI that provides a distinct program for homeless families may be
approved to provide meals to some children through CACFP. To maximize nutrition benefits
and meet the unique needs of different groups of children, the shelter that is licensed as
an RCCI could serve reimbursable school meals to some children and CACFP meals to others.
For example, a battered womens shelter that is licensed as an RCCI could continue to
serve breakfast and lunch each weekday to residents, up to age 21, under the school meal
programs, and begin serving reimbursable suppers to children, age 12 and younger, through
CACFP.
Before approving an amendment to the RCCIs
agreement, the State agency must be convinced that the shelter has the ability to manage
the recordkeeping and financial accountability requirements of the programs. This is
especially critical when shelters receive assistance under several Federal programs, thus
increasing the possibility of claiming the same meal served to a child under more than one
program.
5. Can a day shelter that does not provide overnight
accommodations participate in CACFP? Yes, the day shelter may be eligible to
participate in CACFP. For purposes of determining CACFP eligibility, we recognize that
temporary housing is not just limited to providing a safe place to sleep. Although it may
not offer overnight services, a day shelter provides a safe place and an address for the
homeless, for a temporary period of time. Before approving a day shelter for CACFP, the
State agency must have assurances that the shelter is a legitimate provider of services to
homeless children, and that it is able to certify that the children who receive meals and
snacks are residents of emergency shelters.
6. Can a shelter that provides congregate meals to
homeless families participate even if the clients receive vouchers from the shelter to
stay at motels? Yes, a shelter may be eligible for CACFP even if it offers housing in
a different location from where it provides meal services. Again, there must be assurances
that the shelter is a legitimate provider of services to homeless children, and that it is
able to document that the children who receive meals and snacks are residents of emergency
shelters.
7. Can a shelter that allows residents to prepare and
serve their own meals participate in CACFP? Yes, if the shelter provides the food and
supervises the residents as they prepare and serve their meals, it may be eligible for
CACFP. Some shelters encourage residents to prepare their own meals, to help them feel at
home and assist them in transitioning to permanent housing. To be eligible for CACFP, the
shelter must provide supervision to ensure that meals and snacks are served and consumed
in a congregate meal setting, that the meals meet the meal pattern requirements, and that
records to justify its claims for reimbursement are kept (i.e., a roster of children
receiving meals, total meal counts by type; and menus for infant meals and meals served to
children, each day).
8. Does health and safety certification apply only to the
meal service? No, although shelters do not have to meet child care licensing standards
to participate in CACFP, they must comply with all applicable State or local health and
safety standards. The shelter premises must have proper permits or certificates to show
that health, sanitation, fire, and safety codes have been met.
9. When a battered womens shelter applies to
participate in CACFP, must it comply with CACFP media release requirements? No, due to
the secrecy needed to ensure the safety of residents, a media release is not required for
a battered womens shelter. Providing safe, emergency shelter to battered women and
their children is the first step in meeting the needs of women fleeing domestic violence.
If the location of the shelter is kept secret to ensure the safety of its residents, it is
not necessary to apply this requirement.
10. If the children of an adult resident of a shelter visit
or stay with the parent overnight, are their meals reimbursable through CACFP? Yes,
meals and snacks served to children who reside with their parents or guardians in an
emergency shelter, even if it is only for a single day or night, may be reimbursable
through CACFP. Many times, members of families experiencing homelessness may be separated.
Children may receive reimbursable meals and snacks at the shelter where a parent resides,
as long as the shelter can document that the children are residents of emergency shelters.
11. How does a shelter certify that a child is eligible for
free meals and snacks? Children who reside in emergency shelters are automatically
eligible for free meals and snacks without further application. The shelter must certify
that each child served is a resident of an emergency shelter. The easiest way to document
a childs eligibility may be for the shelter director to maintain a list of eligible
children that includes each childs name, date of birth, and period of residency.
12. If an emergency shelter runs an afterschool care
program, can snacks served to children who are not residents of the shelter be claimed for
reimbursement? Yes, a shelter may be approved to serve CACFP snacks, if it provides
organized activities to school-aged children through a structured afterschool care
program, at an area eligible site. The shelter would be able to serve reimbursable snacks
to all children enrolled in the afterschool care program, through age 18. Refer to the
January 14, 1999, memorandum, Reimbursement
for Snacks in After School Care Programs (SP99-4), (CACFP 99-4), for more guidance
about the at-risk afterschool care snack component of CACFP.
13. Can emergency shelters claim CACFP reimbursement for
meals that are supported with funds from other Federal programs? Yes, although
shelters participating in CACFP are not allowed to supplement the reimbursement they
receive for a meal with funds from another USDA child nutrition program, they may obtain
funds from other Federal program sources to support their food service operations.
Shelters which receive grants through FEMAs Emergency Food and Shelter Program
(EFSP), HUD's Emergency Shelter Grant Program, and other "non-child nutrition"
programs may continue to use them to purchase food, even for meals for which they claim
CACFP reimbursement, and to operate more than one Federal program, independently, at the
same facility. In many cases, those sources of funds are less restrictive than child
nutrition program funds.
The only restriction on the use of those funds, for food
or for other purposes, is in the definition of "income to the program" in
section 226.2 of the regulations. The shelter cannot claim a meal under two programs, but
it can use other available funds to enhance the meal service. In most cases, the shelter
will be able to shift its other Federal grants to support the types of functions which are
not reimbursable under CACFP. For example, the shelter could use its EFSP funds to serve
meals to adults or to nonresidential children whose meals would not be eligible for CACFP
reimbursement.
14. Some shelters may be authorized to accept food stamps
from some of their meal clients. Can a shelter that accepts food stamps as payment for
meals accept food stamps and claim reimbursement for the meals served to eligible children
through CACFP? Yes, if an emergency shelter provides services in exchange for a
specific portion of a familys food stamps, and there is no separate charge for
individual meals, the shelter can participate in CACFP and claim reimbursement for serving
meals and snacks to eligible children. However, the shelter cannot collect food stamps as
payment for specific meals, and still claim those meals under CACFP. That would be
equivalent to making a family pay cash for its childs meals, when the meals must
always be served free.
15. Can shelters serve children meals donated by
restaurants and claim reimbursement for them? Yes, donated prepared meals served to
eligible children may be claimed for reimbursement, as long as they meet CACFP meal
pattern requirements. Many shelters are charitable institutions that may depend entirely
on donations of foodfrom USDA, food banks, corporations, restaurants, caterers,
private charities, and individual donors. Reimbursable meals and snacks made from donated
foods must contain creditable amounts of each required food component. The shelter may
have to add other food items to the meal service to ensure that it contains the minimum
amounts of meat or meat alternate, vegetables or fruit or both, grains or breads, and
fluid milk to be eligible for reimbursement.
Similarly, children's meals and snacks prepared with
TEFAP
commodities may be claimed under CACFP. As charitable institutions, emergency shelters may
receive and use USDA commodity foods to prepare meals and snacks to serve to children in
CACFP and to their other clients. Our only concern is that the shelter be able to
accurately document the number of meals served to eligible children in CACFP. At a
minimum, the shelter must maintain menus, meal counts, and daily rosters (of children
receiving meals), to justify its claims for reimbursement. All CACFP reimbursement must be
used to maintain or enhance the food service for children.
16. How do you determine that
restaurant or donated prepared meals are eligible for CACFP
reimbursement? CACFP
meals and snacks must be based upon a meal pattern that offers children
minimum amounts of meat or meat alternate, vegetables or fruit or both,
grains or breads, and fluid milk, to meet the nutritional needs of
growing children. When a day care
center plans to purchase prepared meals from a vendor, the center can
write food specifications based on CACFP menus and meal pattern
requirements. requirements. However, with donations of prepared foods, it is unlikely that dietary
information about the food substances or ingredients in the meals will be available.
Because there is no guarantee that a meal donated by a restaurant meets the programs
nutritional standards, we look for assurances that each reimbursable meal served to a
child meets CACFP meal pattern requirements. The shelter may have to supplement the
donated meal with additional food items to ensure that the meal is eligible for
reimbursement through CACFP.
To show that each meal served is eligible for
reimbursement, we expect the shelter to maintain a daily roster of children receiving
meals, and to record the menu and meal count for each meal service. At the Federal level,
we do not require production records or weighted estimates of donated foods.
17. Does the requirement to maintain a "nonprofit food
service" (226.2) apply to emergency shelters? We recognize that shelters are often run by volunteers
and operate on a "shoestring," and we therefore do not wish to create undue
record keeping burdens. A simple record of revenues and expenditures for food service
operations is all we are seeking. These records will serve to ensure that reimbursement is
used only to support food service to eligible children.
SUMMARY
This memorandum has addressed a number of the issues that
have been raised about the approval and participation of emergency shelters in CACFP. We
want to emphasize that it is acceptable for States to set requirements that are different
for emergency shelters than those for CACFP centers, as long as they are consistent with
our guidance. In fact, we encourage State agencies to reduce any State requirements that
impose additional burdens to emergency shelters.
Please share this memorandum, and the one we issued on
March 30, 1999, with your State agencies. If you have any
questions about them, please contact Melissa Rothstein or Susan Ponemon.
STANLEY C. GARNETT
Director
Child Nutrition Division
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