Rule 37.75.101 - DEFINITIONSFor purposes of this chapter, the following definitions apply:
(1) "Active recruitment" means direct contact, initiated by a day care home sponsor, with a provider that is currently participating in the Child and Adult Care Food Program (CACFP) under a current CACFP Sponsor/Provider Agreement, for the purpose of enticing the provider to switch the provider's CACFP Sponsor/Provider Agreement to a different sponsor. Examples of such direct contact considered to be active recruitment include but are not limited to a contact made in person, by phone call, through e-mail, by fax, and through a mailing or through a newsletter that is invitational in content disseminated by a sponsor to one or more providers that it does not sponsor.(2) "Adult day care center" means an adult day care center as defined in 7 CFR 226.2.(3) "Advanced payment" means funds made available to an institution for its CACFP costs prior to the month in which such costs will be incurred.(4) "Adverse action" means an action taken by the state CACFP in the administration of the CACFP having a negative impact on an institution.(5) "Announced review" means an on site review that occurs after forewarning.(6) "Authorized capacity" means the number of children that a licensed or approved child care center or registered day care home is able to have in care at any one time including overlap.(7) "CACFP" means the Child and Adult Care Food Program as designated in section 17 of the National School Lunch Act as amended (codified at 42 USC 1766) .(8) "Center" means a child care center, an adult day care center, or an outside school hours care center. "Center" may also mean an emergency shelter, special after school snacks center, Head Start center, or proprietary center that enters into an agreement with the department to administer the CACFP in a specific area for a specific period of time.(9) "Child care center" means any public or private nonprofit organization, or any proprietary center, licensed or approved to provide nonresidential child care services 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 children with disabilities. Child care centers may participate in the CACFP as independent centers or under the auspices of a sponsor.(10) "Combination food" means an entree with more than one CACFP required food component included in its ingredients.(11) "Corrective action plan" means a plan indicating the actions to be taken by an institution or provider entity for the purpose of correcting a deficiency or addressing a problem.(12) "Day care home" or "DCH" means a family or group day care home as those terms are defined in 52-2-703, MCA, and is an organized nonresidential child care program for children enrolled in a private home registered or approved as a family or group day care home, and participating in the CACFP through a sponsor.(13) "Department" means the Department of Public Health and Human Services.(14) "Elementary school" means any school serving children in grades K through 8.(15) "Emergency shelter" means a public or private nonprofit organization whose primary purpose is to provide temporary shelter and food services to homeless families with children.(16) "Institution" means a sponsor or child care center which enters into an agreement with the department to assume final administrative and financial responsibility for CACFP operations.(17) "Licensing staff" means department personnel who enforce state laws and rules for the purpose of registering, licensing, and regulation of child care.(18) "Outside school hours care center" has the meaning cited in 7 CFR 226.2.(19) "Processed meats", for purposes of the CACFP, means hot dogs, salami, sausage, and food of this type, but does not include ground meats such as hamburger or cured meat such as ham.(20) "Program" means the Child and Adult Care Food Program.(21) "Proprietary center" means a qualifying child care center participating in the CACFP as a for-profit center that is: (a) a proprietary Title XIX or Title XX center with at least 25% of enrolled or authorized capacity, whichever is less, that is paid from a state pooled funding source which includes federal Title XX funds; or(b) a free and reduced price center with at least 25% of its enrollment or authorized capacity, whichever is less, that is in the free and reduced price reimbursement category.(22) "Provider" means a person providing care in a family or group day care home.(23) "School attendance area" means the specific geographical area whose student population is served by a specific elementary school.(24) "Seriously deficient" means the status of an institution, center, or a day care home that has been determined to be seriously noncompliant in one or more aspects of its operation of the CACFP.(25) "Sponsor" means an organization under contract with the department that assumes final administrative and financial responsibility for CACFP operations for facilities under its jurisdiction and meets the definition of sponsoring organization in 7 CFR 226.2, the federal definitions pertaining to CACFP.(26) "Tiering" means categorizing the reimbursement rate for day care homes based on school designation, census block numbering area, and established criteria for income standards.(27) "Title XIX" means Title XIX of the Federal Social Security Act.(28) "Title XX" means Title XX of the Federal Social Security Act.(29) "USDA" means the United States Department of Agriculture.Mont. Admin. r. 37.75.101
NEW, 2003 MAR p. 981, Eff. 5/9/03; AMD, 2004 MAR p. 577, Eff. 3/12/04; AMD, 2006 MAR p. 331, Eff. 2/10/06; AMD, 2009 MAR p. 88, Eff. 1/30/09.52-2-704, MCA; IMP, 52-2-702, 52-2-704, MCA;