Rule 37.75.201 - DAY CARE HOME SPONSORS SERVICE AREAS(1) The Montana CACFP sets geographical boundaries of operation for sponsors. Boundaries are set based on financial viability and need for services. Geographical boundaries follow county lines.(2) In any area of the state where at least two day care home sponsors are currently available to all program participants, additional sponsor applications will not be accepted.(3) If a provider would be more efficiently served by a sponsor in an adjacent service area, the service areas may be adjusted if this arrangement is by mutual consent between the affected sponsors, and prior written approval is obtained from the department after the department confirms that the provider would be more efficiently served by the adjacent service area sponsor.(4) A prospective new sponsor must demonstrate to the department the need for the services to be provided by submitting a list of registered and operating day care home providers who are not presently served by a sponsor in the proposed geographical area. The department will then determine whether the existing sponsors are capable of providing CACFP services to the new providers on the list.(5) An institution interested in becoming a day care home sponsor must be either a governmental or private nonprofit organization.(6) Prior to completing an application, preliminary documentation must be submitted to and approved by the Montana CACFP that includes: (a) a written request to become a sponsor with the name, physical address, and telephone number of the organization;(b) articles of incorporation as a tax-exempt organization, in accordance with state law;(c) documentation from the internal revenue service that the organization is a private nonprofit corporation, tax-exempt under the Internal Revenue Code of 1986;(d) a statement that the institution has a board of directors;(e) an organizational flowchart stating which personnel will administer the CACFP;(f) certification that neither the organization nor any of its principals have ever been disqualified from participation in any publicly funded program or been convicted in the last seven years of any activity that indicated a lack of business integrity, including, but not limited to, fraud, embezzlement, theft, forgery, or bribery;(g) documentation of financial viability that demonstrates the ability to withstand temporary interruptions in program payments and pay expenses that are not funded through the CACFP;(h) documentation of administrative capability that reflects adequate staff to operate and administer the program, including the supervision and monitoring of participating facilities; and(i) documentation of program accountability that includes financial management, recordkeeping, claim processing, and training systems that will be used.(7) The application to become a new sponsor must include the following: (a) written acknowledgment of receipt of the criteria for sponsors;(b) a written sponsor proposal; and(c) an oral presentation.(8) A prospective sponsor must complete the written proposal, orientation training, oral presentation, and Montana CACFP training and be approved for each requirement before the institution will be allowed to become a sponsor.(9) In the event that a sponsor discontinues or is terminated and disqualified from participation in the CACFP, the department may facilitate moving providers to existing sponsors that are able to demonstrate the capability to serve the providers of the discontinuing or terminated sponsor. The department will notify all providers and sponsors in the event that a sponsor discontinues or is terminated from CACFP participation. If the department determines that the existing sponsors in a service area are unable to serve the providers, the department may facilitate moving providers to existing sponsors outside of the existing sponsor's service area.Mont. Admin. r. 37.75.201
NEW, 2003 MAR p. 981, Eff. 5/9/03; AMD, 2006 MAR p. 331, Eff. 2/10/06.52-2-704, MCA; IMP, 52-2-702, 52-2-704, MCA;