Several provisions of the Child Nutrition
Reauthorization of 1998 (Public Law 105-336) affect the administration of benefits to
homeless children. This memorandum provides guidance for State agencies to use regarding
the participation of emergency shelters which serve homeless children and their families
in the Child and Adult Care Food Program (CACFP) and the Summer Food Service Program
(SFSP). We intend to publish regulations to implement these provisions as soon as
possible. This memorandum will remain in effect until superseded by regulation or future
memoranda.
PUBLIC LAW 105-336 AMENDMENTS AFFECTING BENEFITS TO HOMELESS CHILDREN
Both Congress and this administration have made it a priority to improve the access
homeless people have to mainstream programs, rather than creating a separate support
system of programs and services. Public Law 105-336 works toward that goal by providing
homeless children residing in emergency shelters with year-round access to nutritious
meals and snacks under CACFP, effective July 1, 1999. Section 107(j) amended the National
School Lunch Act (NSLA) in several significant ways. The law:
-
added a new paragraph (t), "Participation of emergency shelters," to section
17 of the NSLA (42 U.S.C. 1755(t)), which sets forth requirements on eligibility, meal
service, and reimbursement, for emergency shelters to participate in CACFP;
Institutions which support homeless children in temporary residential settings,
including those which currently participate in HCNP or SFSP, may now apply to participate
in CACFP under the provisions of section 17(t) of the NSLA.
PARTICIPATION OF EMERGENCY SHELTERS IN CACFP
Although the mission and the characteristics of emergency shelters differ from those of
other child care institutions and facilities participating in CACFP, the structure and
goals of their non-profit food service programs are fundamentally the same. Nevertheless,
there are important administrative questions affecting the participation of eligible
emergency shelters in CACFP which we need to address.
Eligible Institutions and Facilities
Public Law 105-336 designated emergency shelters and sites operated by shelters as
institutions and facilities eligible to participate in CACFP under section 17(t)(1) of the
NSLA (42 U.S.C. 1766(t)(1)). The law adopted the definition of "emergency
shelter" that is used in targeted homeless assistance programs created under section
321 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 112351). Section 321
defines an emergency shelter as "a facility all or a part of which is used or
designed to be used to provide temporary housing." Participation of emergency
shelters in HCNP was also based on this definition.
We recognize that most emergency shelters are charitable organizations that define
their mission as helping all needy persons. The Bureau of the Census estimates that there
are more than 6,000 emergency shelters nationwide; at least 70 percent of them serve
individual adult clients. However, the intent of Public Law 105-336 is to support at-risk
children in temporary residential settings. Based on our experience with HCNP and SFSP, we
believe that section 17(t) of the NSLA targets family shelters, shelters for battered
women, and other facilities whose primary purpose is to provide temporary shelter to
homeless families with children, to participate in CACFP.
Therefore, an emergency shelter providing temporary residence to children and their
parents or guardians, or a temporary residential site for children and their parents or
guardians sponsored by an emergency shelter, is eligible to participate in CACFP under the
provisions of section 17(t). The shelter may be a public or private nonprofit institution
that provides support to at-risk children and their families.
Residential Child Care Institutions (RCCI)
A temporary shelter for abused and runaway children is one type of RCCI included in the
definition of "school," in section 210.2 of the National School Lunch Program,
and is therefore eligible for benefits through the school meals programs. Unlike family
shelters, an RCCI may serve homeless children who reside there without their parents or
guardians. An emergency shelter that serves only children will continue to be eligible as
an RCCI and claim reimbursement for breakfasts and lunches served to children up to age 21
through the school nutrition programs.
Licensing and Approval Requirements
To participate in CACFP, an emergency shelter does not have to offer formal child care
as recognized by a licensing authority. Unlike child care centers or family day care
homes, there is no Federal requirement for emergency shelters operating under this
provision to have either Federal, State, or local licensing or approval as a condition of
eligibility (per section 17(t)(3) of the NSLA (42 U.S.C. 1766(t)(3))). 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 (per section
17(t)(4) of the NSLA (42 U.S.C. 1766(t)(4)). The shelter must have the appropriate
inspections or permits to certify that proper health, sanitation, fire, and safety codes
are met at all times.
Eligible Children
CACFP is primarily targeted to serving children in nonresidential settings. Unlike
other institutions participating in CACFP, emergency shelters approved under the
provisions of section 17(t) of the NSLA must serve residential children. Section
17(t)(5)(A)(i) of the NSLA (42 U.S.C. 1766(t)(5)(A)(i)) specifies that reimbursement may
be claimed "
only for a meal or supplement served to children residing in an
emergency shelter
."
Although some emergency shelters provide meals to non-homeless children and their
families, it is clearly the intent of Congress to support at-risk children who temporarily
reside in the facility where they receive their meals. Therefore, meals and snacks served
to visiting children who are not residents of the shelter may not be claimed for
reimbursement. This provision highlights an important difference with HCNP and SFSP where
participants could claim reimbursement for meals and snacks served to children, regardless
of whether every child served was a resident of the participating shelter. Under section
17(t), shelters will have to differentiate between residential children and children who
are served meals as "walk-ins."
Reimbursable meals and snacks may be served to residential children 12 years of age and
younger. Migrant children age 15 and younger and children with disabilities, regardless of
their age, may also receive CACFP meals and snacks at the emergency shelters where they
reside.
Reimbursement
As in HCNP and SFSP, residential children who participate in the shelter's food service
will be automatically eligible for free meals and snacks, without further application.
Although a shelter may collect cash, food stamps, or other in-kind payments from some
residents for their meal services, it may not charge or collect payments for CACFP meals
and snacks served to eligible children.
Emergency shelters may be approved to serve up to three reimbursable
mealsbreakfast, lunch, and supperor two meals and one snack, to each child,
each day, on weekdays and weekends.
The maximum payment rates are based on the numbers of meals and snacks served at the
free rate in day care centers. Unlike participation in HCNP, claims for reimbursement will
be processed by the CACFP administering agency which takes the agreement with the shelter.
Meals which are consumed in private family quarters in an emergency shelter are not
reimbursable. Generally, only meals served in congregate meal settings are eligible for
reimbursement. An exception may be made for meals served in private family quarters that
are part of an emergency shelter to infants from birth through age 11 months. Those meals
may be claimed for reimbursement if the shelter provides all of the required components to
the infants parent or guardian, and maintains records documenting that sufficient
food has been served to meet the meal pattern requirements.
Applications
An emergency shelter may participate in CACFP as an independent shelter or as a
sponsoring organization of one or more participating emergency shelters. The shelter must
submit an application to the CACFP administering agency to participate in the program. The
application would include an administrative budget, information about the numbers of
children served, and statements regarding the shelters options for receiving
commodities and advance payments. The shelter must document in its application that its
primary purpose is to temporarily house and provide meals to children and their parents or
guardians. The application must also include a description of how the shelter will ensure
that reimbursement is claimed only for meals served to eligible children who reside there.
There is no limit on the number of facilities or children that an eligible emergency
shelter may be approved to serve. A shelter that sponsors one or more facilities must
complete a management plan, provide information describing each of its proposed
facilities, and fulfill all of the other requirements of a sponsoring organization
applying to participate in CACFP.
An emergency shelter may also participate in CACFP as a facility under an existing
CACFP sponsoring organization that is a separate entity from the shelter. In this case,
the sponsoring organization would follow standard CACFP procedures for adding a new
facility to its agreement with the CACFP administering agency. The shelter would
participate under the provisions of section 17(t)(1) of the NSLA (42 U.S.C. 1766(t)(1)).
Reporting and Recordkeeping
Meals and snacks will be included in the child care center portion of the FNS-44, Report
of the Child and Adult Care Food Program. The number of participating emergency
shelters and the average daily attendance will be reported quarterly on the FNS-44. A
revised form will be available to permit reporting of those data. Draft copies of the
proposed FNS-44 were sent to regional offices on February 26, 1999.
The State agency will prescribe meal counting and recordkeeping systems for meals
served to eligible children and infants. As with all CACFP institutions, shelters must
keep records that are adequate to determine the nonprofit status of the food service and
proper utilization of CACFP funds. At a minimum, the State agency's procedures should
include requirements that the shelter maintain a daily roster of children receiving meals,
total meal counts by type; and menus for infant meals and meals served to children.
Commodities
An approved shelter may receive CACFP reimbursement and commodities or cash-in-lieu of
commodities for meals served to eligible children. A shelter may continue to receive and
use commodity foods from The Emergency Food Assistance Program for the meals it serves to
adults and children who are not eligible for CACFP, provided that its records are
sufficient to establish the shelters allotments of commodities under each program.
Miscellaneous
CACFP institutions may not claim a program meal under more than one Federal program.
However, an institution may use other funding sources to supplement the CACFP
reimbursement for the same meal.
Providers of meals to homeless children often serve a diverse clientele that include
homeless and non-homeless adults and children. In those situations where a shelters
total food service is not conducted exclusively for the benefit of eligible residential
children, the shelter must keep separate records of the meals it serves. Meals served to
non-eligible adults and children are not reimbursable.
1999 TRANSITION TO CACFP
Emergency shelters participating in HCNP and sponsors of homeless sites in SFSP may be
reimbursed for meals and snacks served to eligible children through those programs,
through June 30, 1999. Under the provisions of Public Law 105-336, most of them will apply
to participate in CACFP to continue receiving meal benefits for resident children after
that date. Delaying implementation until July 1999, has posed a number of administrative
challenges for administering agencies. The status of the 85 sponsors currently receiving
HCNP benefits and of SFSP sponsors of homeless sites (23 in the 1998 SFSP) must also be
addressed.
Emergency Shelters in HCNP
Current participants in HCNP were alerted to the changes in the status of the program
shortly after the law was enacted. As follow-up, the Child Nutrition Division, which
administers HCNP, will formally notify those shelters that their final day of
participation in HCNP is June 30, 1999, and that they will be eligible to participate in
CACFP as of July 1, 1999. We will advise HCNP participants that to be eligible to receive
uninterrupted meal service benefits, they should contact the appropriate CACFP
administering agency in the States where they operate and complete their application
requirements as early as possible.
Sponsors of Homeless Sites in SFSP
During the SFSP application process, State agencies should notify sponsors of homeless
sites that effective July 1, 1999, emergency shelters are eligible to participate in
CACFP. Sponsors that are interested in beginning CACFP program operations on July 1, 1999,
should be encouraged to complete their applications with the appropriate State agency as
early as possible.
PARTICIPATION OF EMERGENCY SHELTERS IN SFSP
If an emergency shelter wants to participate in SFSP past June 30, 1999, then it must
establish its eligibility as an open site, an enrolled site, or a camp. We recommend that
approval to participate in SFSP be based on one of those three eligibility determinations
at the time of application for summer 1999.
Shelters that are located in areas which meet the area eligibility requirements for
SFSP and which open their food service to non-residents as well as residents may qualify
to participate in SFSP as area eligible sites. If the shelter applies to participate as an
enrolled site, individual free and reduced price applications from parents or guardians
will not be required. A list of children, certified by the shelters director, is
sufficient to document the eligibility of children who are residents of emergency
shelters. The list must include each child's name, age, and beginning and ending dates (if
applicable) of residence in the shelter, and the signature of the determining official.
An emergency shelter which also elects to participate in the CACFP would be subject to
the provisions of FNS Instruction 782-4, Approval of Child Care Institutions for the
Summer Food Service Program. This instruction states that a CACFP institution that
meets SFSP eligibility criteria and develops a separate food service program for children
who are not enrolled in CACFP may be approved to participate in SFSP. CACFP institutions
which do not substantially change their program activities or significantly increase their
program enrollment during periods which school is not in session may not be approved to
participate in SFSP.
An institution which is approved to claim reimbursement under both the CACFP and the
SFSP must ensure that the same children are not served meals in both programs. The
institution must also ensure that it keeps separate records to justify all costs and meals
claimed for CACFP and for SFSP.
SUMMARY
Section 107(j) of Public Law 105-336 encourages emergency shelters to participate in
CACFP. This memorandum addresses the questions you have raised about the participation of
emergency shelters in CACFP and SFSP and ensuring that these benefits reach eligible
children. Please share this information with your State agencies. If you have any
questions concerning any of the issues addressed in this memorandum, please contact
Melissa Rothstein or Susan Ponemon.
STANLEY C. GARNETT
Director
Child Nutrition Division