New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 2 - FOOD ASSISTANCE AND SUPPORT
Part 2 - REQUIREMENTS FOR PARTICIPATION IN THE CHILD AND ADULT CARE FOOD PROGRAM
Section 8.2.2.7 - DEFINITIONS

A. "Act" means the National School Lunch Act, as amended.

B. "Administrative costs" means costs incurred by an institution related to planning, organizing, and managing a food service under the program and allowed by the state agency financial management instruction.

C. "Administrative review" means the fair hearing provided upon request to:

D. "Administrative review official" means the independent and impartial official who conducts the administrative review held in accordance with 7 CFR Part 226.6(k).

E. "Adult" means, for the purposes of the collection of social security numbers as a condition of eligibility for free or reduced-price meals, any individual 21 years of age or older.

F. "Adult day care center" means any public or private nonprofit organization or any proprietary Title XIX or Title XX center (as defined herein at BM and BN) which (a) is licensed or approved by federal, state or local authorities to provide nonresidential adult day care services to functionally impaired adults (as defined herein at AN) or persons 60 years of age or older in a group setting outside their homes on a less than 24-hour basis and (b) provides for such care and services directly or under arrangement made by the agency or organization whereby the agency or organization maintains professional management responsibility for all such services. Such centers shall provide a structured, comprehensive program that provides a variety of health, social and related support services to enrolled adult participants through an individual plan of care.

G. "Adult day care facility" means a licensed or approved adult day care center under the auspices of a sponsoring organization.

H. "Adult participant" means a person enrolled in an adult day care center who is functionally impaired (as defined herein at AN) or 60 years of age or older.

I. "Advanced payment" means financial assistance made available to an institution for its program cost prior to the month in which such costs will be incurred.

J. "At-risk after school care center" means a public or private nonprofit organization that is participating or is eligible to participate in the CACFP as an institution or as a sponsored facility and that provides nonresidential child care to children after school through an approved after school care program located in an eligible area. However, an emergency shelter (as defined herein at Z), may participate as an at-risk after school care center without regard to location.

K. "Block claim" means a claim for reimbursement submitted by a facility on which the number of meals claimed for one or more meal type (breakfast, lunch, snack, or supper) is identical for 15 consecutive days within a claiming period.

L. "Center" means a child care center, an adult day care center, an emergency shelter, or an outside-school-hours care center.

M. "Child care center" means any public or private nonprofit institution or facility (except day care homes), or any for profit center (as defined herein at AL), required to be licensed and which provides non-residential child care services and supervision for less than 24 hours a day to enrolled children, primarily of preschool age, including but not limited to day care centers, settlement houses, neighborhood centers, head start centers and organizations providing day care services for disabled children. Child care centers may participate in the program as independent centers or under the auspices of a sponsoring organization.

N. "Child care facility" means a licensed or approved child care center, day care home or outside-school-hours care center under the auspices of a sponsoring organization.

O. "Children" means:

P. "Component" means one of four food categories of the USDA meal pattern requirements arranged by age group, including:

Q. "Creditable foods" means foods used to meet the requirements for a reimbursable meal. Foods are creditable based on the following:

R. "Current income" means income received during the month prior to application for free or reduced-price meals and multiplied by 12. If such income does not accurately reflect the household's annual income, income shall be based on the projected annual household income. If the prior year's income provides an accurate reflection of the household's current annual income, the prior year may be used as a base for the projected annual income.

S. "CYFD" means the New Mexico children, youth and families department.

T. "Day care home" means an organized nonresidential child care program for children enrolled in a private home licensed or approved as a family or group day care home and under the auspices of a sponsoring organization.

U. "Disallowed claims" requires the monetary repayment to the state agency resulting from a meal or meals that have been determined ineligible for reimbursement due to, among other things:

V. "Disclosure" means individual children's program eligibility information obtained through the free and reduced-price meal eligibility process that is revealed or used for a purpose other than for the purpose for which the information was obtained. The term refers to access, release, or transfer of personal data about children by means of print, tape, microfilm, microfiche, electronic communication or any other means.

W. "Disqualified" means the status of an institution, a responsible principal or responsible individual, or a day care home that is ineligible for participation.

X. "Documentation" means the completion of information to determine the eligibility of free and reduced price meals as required in 7 CFR Part 226.2 (definition of "documentation").

Y. "Eligible area" means:

Z. "Emergency shelter" means a public or private nonprofit organization or its site that provides temporary shelter and food services to homeless children, including a residential child care institution ("RCCI") that serves a distinct group of homeless children who are not enrolled in the RCCI's regular program.

AA. "Enrolled child" means a child whose parent or guardian has submitted to an institution a signed document which indicates that the child is enrolled for child care. In addition, for the purposes of calculations made by sponsoring organizations of family day care homes in accordance with 7 CFR 226.13 (d)(3)(ii) and 226.13(d)(3)(iii), "enrolled child" (or "child in attendance") means a child whose parent or guardian has submitted a signed document which indicates the child is enrolled for child care; who is present in the day care home for the purpose of child care; and who has eaten at least one meal during the claiming period. For at-risk after school care centers, outside-school-hours care centers, or emergency shelters, the term "enrolled child" or "enrolled participant" does not apply.

AB. "Enrolled participant" means an "enrolled child" as defined herein at AA or "adult participants" as defined herein at H.

AC. "Facility" means a sponsored center or a family day care home.

AD. "Family" means, in the case of children, a group of related or non related individuals, who are not residents of an institution or boarding house, but who are living as one economic unit or, in the case of adult participants, the adult participant, and if residing with the adult participant, the spouse and dependent(s) of the adult participant.

AE. "Family style meal service" means a style of meal service in which both adults and children participate in setting the table, serving the food, eating together and cleaning up after the meal.

AF. "FDPIR" means food distribution programs on Indian reservations.

AG. "Fiscal year" means a period of 12 calendar months beginning October 1 of any year and ending with September 30 of the following year.

AH. "FNS" means the food and nutrition service of USDA.

AI. "FNSRO" means the appropriate regional office of the food and nutrition service of USDA.

AJ. "Food service management company" means an organization other than a public or private nonprofit school, with which an institution may contract for preparing and, unless otherwise provided for, delivering meals with or without milk for use in the program.

AK. "Food stamp household" means any individual or group of individuals which is currently certified to receive assistance as a household under the food stamp program.

AL. "For profit center" means a child care center, outside-school-hours care center, or adult day care center providing nonresidential care to adults or children that does not qualify for tax-exempt status under the Internal Revenue Code of 1986, and meets the criteria of 7 CFR Part 226.2 (definition of "for profit center").

AM. "Free meal" means a meal served under the program to a participant from a family which meets the income standards for free school meals; or to a child who is automatically eligible for free meals by virtue of food stamp, FDPIR or TANF recipiency; or to a child who is a head start participant; or to a child who is receiving temporary housing and meal services from an approved emergency shelter; a child participating in an approved at-risk afterschool care program; or to an adult participant who is automatically eligible for free meals by virtue of food stamp or FDPIR recipiency, or is a SSI or medicaid participant. Regardless of whether the participant qualified for free meals by virtue of meeting one of the criteria of this definition, neither the participant nor any member of their family shall be required to pay or to work in the food service program in order to receive a free meal.

AN. "Functionally impaired adult" means chronically impaired disabled persons 18 years of age or older, including victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction, who are physically or mentally impaired to the extent that their capacity for independence and their ability to carry out activities of daily living is markedly limited. Activities of daily living include, but are not limited to, adaptive activities such as cleaning, shopping, cooking, taking public transportation, maintaining a residence, caring appropriately for one's grooming or hygiene, using telephones and directories, or using a post office. Marked limitations refer to the severity of impairment, and not the number of limited activities, and occur when the degree of limitation is such as to seriously interfere with the ability to function independently.

AO. "Household contact" means a contact made by a sponsoring organization or CYFD to an adult member of a household with a child in a family day care home or a child care center in order to verify the attendance and enrollment of the child and the specific meal service(s) which the child routinely receives while in care.

AP. "Income standards" means the family size and income standards prescribed annually by USDA for determining eligibility for free and reduced-price meals under the national school lunch program and the school breakfast program.

AQ. "Income to the program" means any funds used in an institution's food service program, including, but not limited to all monies, other than program payments, received from other federal, state, intermediate, or local government sources; participant's payments for meals and food service fees; income from any food sales to adults; and other income, including cash donations or grants from organizations or individuals.

AR. "Independent center" means a child care center, at-risk after school care center, emergency shelter, outside-school-hours care center or adult day care center which enters into an agreement with CYFD to assume final administrative and financial responsibility for program operations.

AS. "Infant cereal" means any iron-fortified dry cereal specially formulated for and generally recognized as cereal for infants that is routinely mixed with formula or milk prior to consumption.

AT. "Infant formula" means any iron-fortified infant formula intended for dietary use solely as a food for normal, healthy infants; excluding those formulas specifically formulated for infants with inborn errors of metabolism or digestive or absorptive problems. Infant formula, as served, must be in liquid state at recommended dilution.

AU. "Institution" means a sponsoring organization, child care center, outside-school-hours care center, emergency shelter or adult day care center which enters into an agreement with CYFD to assume final administrative and financial responsibility for program operations.

AV. "Meals" means food which is served to enrolled participants at an institution, child care facility or adult day care facility and which meets the nutritional requirements set forth in this part.

AW. "Medicaid participant" means an adult participant who receives assistance under Title XIX of the Social Security Act, the grant to states for medical assistance programs-medicaid.

AX. "Menu record book" means the official record which is used to document the types of food served and the quantities used to meet USDA meal pattern requirements by sponsoring organizations of child care centers, adult day care centers, outside school hours programs and head starts.

AY. "Milk" means pasteurized fluid types of flavored or unflavored whole milk, low-fat milk, skim milk, or cultured buttermilk which meet NM state and local standards for such milk except that, in the meal pattern for infants (0 to 1 year of age), milk means breast milk or iron-fortified infant formula. All milk should contain vitamins A and D at levels specified by the food and drug administration and be consistent with NM state and local standards for such milk.

AZ. "National disqualified list" means the list, maintained by the US department of agriculture, of institutions, responsible principals and responsible individuals, and day care homes disqualified from participation in the program.

BA. "Non creditable foods" means foods that do not meet the criteria for a creditable food, as determined by CYFD, and appear on the CYFD non-creditable foods list. A meal may contain both creditable and non-creditable foods. Non-creditable foods are allowed to supply calories to meet the energy needs of growing children or to improve acceptability of the rest of the meal. However, non-creditable foods may not be used to meet the meal pattern requirements.

BB. "Non pricing program" means an institution in which there is no separate identifiable charge made for meals served to participants.

BC. "Non profit food service" means all food service operations conducted by the institution principally for the benefit of enrolled participants for which all of the program reimbursement funds are used solely for the operations or improvements of such food service.

BD. "Nonresidential" means that the same participants are not maintained in care for more than 24 hours on a regular basis.

BE. "Notice" means a letter sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action proposed or taken by CYFD or FNS with regard to an institution's program reimbursement or participation. Notice also means a letter sent by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email, that describes an action proposed or taken by a sponsoring organization with regard to a day care home's participation. The notice must specify the action being proposed or taken and the basis for the action, and is considered to be received by the institution or day care home when it is delivered, sent by facsimile, or sent by email. If the notice is undeliverable, it is considered to be received by the institution, responsible principal or responsible individual, or day care home five days after being sent to the addressee's last known mailing address, facsimile number, or email address.

BF. "Operating costs" means expenses incurred by an institution in serving meals to participants under the program, and allowed by CYFD.

BG. "Outside-school-hours care center" means a public or private nonprofit institution or facility (except day care homes) or a for profit center, as defined herein at AL, that is licensed or approved in accordance with 7 CFR Part 226.6(d)(1) to provide organized nonresidential child care services to children during hours outside of school. Outside-school-hours care centers may participate in the program as independent centers or under the auspices of a sponsoring organization.

BH. "Participants" means "children" or "adult participants" as defined herein at Subsections O and H.

BI. "Pricing program" means an institution in which a separate identifiable charge is made for meals served to participants.

BJ. "Principal" means any individual who holds a management position within, or is an officer of, an institution or a sponsored center, including all members of the institution's board of directors or the sponsored center's board of directors.

BK. "Program" means the child and adult care food program authorized by section 17 of the National School Lunch Act, as amended.

BL. "Program payments" means financial assistance in the form of start-up payments, advance payments, expansions funds or reimbursement paid or payable to institutions for operating costs and administrative costs.

BM. "Proprietary Title XIX center" means any private, for-profit center (a) providing non-residential adult day care services for which it receives compensation from amounts granted to the states under title XIX of the Social Security Act and (b) in which Title XIX beneficiaries were not less than 25 percent of enrolled eligible participants in the calendar month preceding initial application or annual re-application for program participation.

BN. "Proprietary Title XX center" means any private, for-profit center (a) providing non-residential child or adult day care services for which it receives compensation from amounts granted to the states under Title XX of the Social Security Act and (b) in which Title XX beneficiaries or enrolled participants eligible for free or reduced price meals were not less than 25 percent of total enrolled eligible participants or licensed capacity, whichever is less, in the calendar month preceding initial application or annual re-application for program participation.

BO. "Reduced-price meal" means a meal served, and reimbursed, under the program to a participant from a family that meets the income standards for reduced-price school meals, and as defined in 7 CFR Part 226.2.

BP. "Reimbursement" means federal financial assistance paid or payable to institutions for program costs within the rates assigned by CYFD.

BQ. "Renewing institution" means an institution that is participating in the program at the time it submits a renewal application.

BR. "Responsible principal or responsible individual" means:

BS. "SSI participant" means an adult participant who receives assistance under Title XVI of the Social Security Act, the supplemental security income (SSI) for the aged, blind and disabled program.

BT. "Seriously deficient" means the status of an institution or a day care home that has been determined to be non-compliant in one or more aspects of its operation of the program.

BU. "Sponsoring organization" means a public or nonprofit private organization that is entirely responsible for the administration of the food program in:

BV. "Start-up payments" means financial assistance made available to a sponsoring organization for its administrative expenses associated with developing or expanding food service program in day care homes and initiating successful program operations.

BW. "State agency list" means an actual paper or electronic list, or the retrievable paper records, maintained by CYFD, that includes a synopsis of information concerning seriously deficient institutions and providers terminated for cause in the state of New Mexico. The list must be made available to FNS upon request, and must include the items listed in 7 CFR 226.2 (definition of "state agency list").

BX. "Suspended" means the status of an institution or day care home that is temporarily ineligible for participation (including program payments).

BY. "Suspension review" means the review provided, upon the institution's request, to an institution that has been given a notice of intent to suspend participation (including program payments), based on a determination that the institution has knowingly submitted a false or fraudulent claim.

BZ. "Suspension review official" means the independent and impartial official from CYFD who conducts the suspension review.

CA. "Termination for cause" means the termination of a day care home's program agreement by the sponsoring organization due to the day care home's violation of the agreement.

CB. "Termination for convenience" means termination of a day care home's program agreement by either the sponsoring organization or the day care home, due to considerations unrelated to either party's performance of program responsibilities under the agreement.

CC. "Tier I day care home" means (a) a day care home that is operated by a provider whose household meets the income standards for free or reduced price meals, as determined by the sponsoring organization based on a completed free and reduced price application, and whose income is verified by the sponsoring organization of the home in accordance with 7 CFR Part 226.23(h)(6); (b) a day care home that is located in an area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price meals; or (c) a day care home that is located in a geographic area, as defined by FNS based on census data, in which at least 50 percent of the children residing in the area are members of households which meet the income standards for free or reduced price meals.

CD. "Tier II day care home" means a day care home that does not meet the criteria for a Tier I day care home.

CE. "Title XIX" means Title XIX of the Social Security Act which authorizes the grants to states for medical assistance program-medicaid.

CF. "Title XX" means Title XX of the Social Security Act.

CG. "Verification" means a review of the information reported by institutions to CYFD regarding the eligibility of participants for free or reduced-price meals in accordance with 7 CFR 226.2 (definition of "verification") and with 226.23(h)(1).