New Mexico Administrative Code

(Reserved.)

Children, Youth and Families Department

Children who turn four years old before September 1 are eligible to participate in a pre-kindergarten program.

CYFD shall: A. issue a request for proposals for pre-kindergarten services to serve eligible four-year-old children in their community; B. ensure that the proposal contains a detailed description of the services that are to be provided, including: (1) how those services shall mee…

Any unexpended funds in CYFD's pre-kindergarten fund shall not revert back to the general fund pursuant to NMSA 1978 Sec. 32A-23-1

This rule applies to all early care and education programs that are licensed by CYFD or other appropriate authority, such as child care centers, head start programs and family child care providers.

PRE-KINDERGARTEN ACT, NMSA 1978, 32-A-23-1, et.seq. (as amended)

Permanent.

01/31/2007, unless a later date is cited at the end of a section.

This rule seeks to implement a state-funded pre-kindergarten program through children, youth and families department and addresses collaboration with public education department, program requirements, pre-kindergarten eligibility, requests for proposals and contracts for services…

The following definitions are identical to those contained in the Pre-Kindergarten Act unless otherwise specified herein. A. "Community"means an area defined by school district boundaries, tribal boundaries or joint boundaries of a school district and tribe or any combination of …

The children, youth and families and public education departments shall cooperate in the development and implementation of a voluntary program for the provision of pre-kindergarten services throughout the state. Such collaboration shall include but not be limited to: A. developin…

The pre-kindergarten program shall address the total developmental needs of preschool children, including physical, cognitive, social and emotional needs, and shall include health care, nutrition, safety and multicultural sensitivity. In order to implement the pre-kindergarten pr…

Children, Youth and Families Department (CYFD).

A. CYFD provides at least annual training and technical assistance, as needed, to participating institutions and sponsoring organizations. (1) CYFD conducts ongoing program reviews of institutions to assess compliance with state and federal guidelines for operating the program. C…

A. CYFD promptly investigates complaints received by the public or other state offices in connection with the operation of the program, and takes appropriate action to correct any program non-compliance or deficiency. B. CYFD maintains a file of all such investigations and relate…

A. CYFD reviews and approves all institution administrative budgets submitted with the application. (1) CYFD reviews and approves all budget adjustment requests with adequate justification. (2) CYFD reviews and approves all changes made to the management plan. (3) Institutions ar…

A. Institutions shall conduct financial audits of their program in accordance with the office of management and budget circulars A-133 and A-110 and the U.S. department of agriculture's uniform federal assistance regulations ( 7 CFR Part 3015). CYFD instructs institutions of the …

A. Congress assigns rates of reimbursement for meals, annually. B. Institutions shall submit to CYFD each month's counts for meals served daily to participants from families meeting the eligibility standards for free meals, participants from families meeting the eligibility stand…

A CYFD shall recover any payment made to an institution for disallowed claims. CYFD identifies disallowed claims during program reviews and considers payments made for such claims as over payments. CYFD shall notify all institutions of the reasons for the disallowed claim and dem…

A. Each institution is solely responsible for the administrative and financial management of the program, including the actions of their employees. Institutions may not use independent contractors to manage the program. B. Each institution shall provide adequate supervisory and o…

A. Sponsoring organizations of day care homes shall monitor the program at all day care homes under their respective jurisdiction according to requirements in 7 CFR 226.16(d) (1), (2), (3), and (4). Additionally, sponsors are required to review each day care home participating wi…

A. Each meal served in the program shall comply with USDA meal patterns as outlined in federal regulations 7 CFR Part 226.20 and with the CYFD creditable foods list. (1) Non-creditable foods shall not be used to meet the meal pattern component requirement. Some foods which are no…

A. Institutions which contract with a food service management company remain responsible for ensuring that the food service operation conforms to all requirements herein. B. All procurement of meals from food service management companies shall adhere to the procurement standards …

This policy applies to all CYFD staff who work with the child and adult care food program ("CACFP") and to participating institutions including sponsoring organizations, independent centers and family child care providers.

A. Each institution shall submit to CYFD, at the time it applies for program participation, a written policy statement concerning free and reduced-price meals to be uniformly used in all child care and adult day care facilities under its jurisdiction. B. Institutions are not appr…

A. CYFD verifies eligibility for free and reduced-price meals on an annual basis, in accordance with federal regulations 7 CFR 226.23(h). B. Sponsoring organizations of family day care homes are responsible for verifying the income eligibility for providers who are classified as …

A. CYFD provides nutrition education and training to all institutions and participants as an integral part of the child and adult care food program administration in New Mexico. (1) Nutrition education activities shall be conducted by center staff in child care centers on a month…

The NM food assistance and support program regulations are administered pursuant to regulation promulgated by the US department of agriculture Code of Federal Regulations, 7 CFR Part 226, pursuant to Section 17 of the National School Lunch Act, as amended.

Permanent

June 15, 2009, unless a later date is cited at the end of a section.

To establish regulations for administration of the child and adult care food program, ("program"), including requirements for participating organizations.

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. "Administ…

A. The children, youth and families department (CYFD) may enter into an agreement for participation in the program with any non-profit 501 (c)(3) organization, government agency or proprietary Title XX organization which meets the established criteria and requirements according t…

A. The children, youth and families department will follow the administrative appeal process as described in 8.8.4 NMAC and as required in 7 CFR Part 226.6(k) and for the following state actions: (1) application denial: denial of a new or renewing institution's application for pa…

Children Youth and Families Department (CYFD)

A. Prior to the beginning of Program operations, CYFD provides training in all applicable areas of Program administration to sponsor personnel, food service management company representatives, auditors, and health inspectors who will participate in the Program. B. CYFD develops a…

A. Audits of Sponsoring Organizations shall be conducted in accordance with the Office of Management and Budget Circulars A-133 and A-110 and the U.S. Department of Agriculture's Uniform Federal Assistance Regulations ( 7 CFR Part 3015 ). B. Audits are due to CYFD no later than n…

A. CYFD promptly investigates complaints received or irregularities noted in conjunction with the operation of the Program and takes appropriate action to correct any irregularity or deficiency. CYFD maintains a file of all such investigations and related actions taken. B. Whenev…

CYFD disallows any portion of a claim for reimbursement and recovers any payment to a sponsor not properly payable under 7 CFR 225.12. CYFD may consider claims for reimbursement not properly payable if a sponsor's records do not justify all costs and meals claimed. CYFD notifies …

A. Sponsors submit a written application to CYFD for participation in the Program in accordance with federal and state requirements by April 15 and no later than June 15. B. Applicants eligible to participate as sponsoring organizations include: (1) Public or nonprofit private sc…

A. Sponsors operate the food service in accordance with provisions set forth in federal regulations, any instructions and handbooks issued by FNS, and any instructions and handbooks issued by the state agency. B. Each sponsoring organization is solely responsible for the administ…

A. Each meal served in the Program complies with USDA meal patterns as outlined in federal regulations 7 CFR 225.16(d) and with CYFD/FNB creditable foods list. (1) Non-creditable foods are not used to meet the meal pattern component requirement. Some foods which are non creditabl…

Sponsoring organizations provide nutrition education activities at each meal site and submit copies of the activities with their claims for reimbursement.

A. CYFD does not enter into an agreement with any applicant sponsor identifiable through its corporate organization, officers, employees, or otherwise, as an institution which participated in any federal child nutrition program and was seriously deficient in its operation of any …

A. CYFD has established general fair hearing and appeals procedures to be followed by sponsors appealing: (1) A denial of an application for participation, (2) A denial of a sponsor's request for an advance payment, (3) A denial of a sponsor's claim for reimbursement, (4) CYFD's …

This policy applies to all CYFD staff who work with the Summer Food Service Program and to participating sponsoring organizations.

Code of Federal regulations, 7 CFR Part 225, Section 13 of the National School Lunch Act.

Permanent

November 30, 2001