CACFP Administrative Manual Section 1.4

• Table of Contents
• Terms, Definitions, and Acronyms

Section 1: Program Eligibility

1.4 Licensing Requirements

Child Care (CC) Centers

A CCC must be licensed in the following manner:

• Maintain a current license to operate a CCC from the California Department of Social Services (CDSS), Community Care Licensing Division (CCLD). For a nonprofit CCC, the license must be issued in the name of the nonprofit. For a for-profit CCC, the license must be issued to the current owner, individual, business, or corporation.

However, exceptions to the licensing requirement are:

• Possess a Certification of Operation from the CDE's Early Education and Support Division providing temporary approval to operate pending the transfer of license by the CDSS.

However, exceptions to the licensing requirement are:

• CC may be license-exempt if they meet the exemption requirements described in the Child Care Center General Licensing Requirements, Title 22, Division 12, of the California Code of Regulations.
 
• CACFP regulations do not require At-risk Afterschool (ARA) centers, School-Age (SA) centers, or emergency shelters to be licensed; however, they must meet state or local health and safety standards.
 
• CCC on military bases may provide a Department of Defense child care license or a letter from the base commander or appropriate military official stating that the center meets Department of Defense child care requirements.
 
• CCC on Indian reservations may provide appropriate documentation from the Bureau of Indian Affairs or other applicable federal agency.

All license-exempt agencies that prepare food on site or have food delivered from a vendor are considered a food facility under the California Retail Food Code (CalCode) and are required to annually obtain a health and safety permit and fire inspection. However, according to the California Child Day Care Act, Health and Safety Code (HSC), Division 2, Licensing Provisions [1200–1796.70], Chapter 3.4, California Child Day Care Act [1596.70–1596.895], Article 1. General Provisions and Definitions [1596.70–1596.7996], certain license-exempt agency types do not have to obtain health and safety permits and fire inspections. As a result, the following license-exempt agency types are not required to obtain a health and safety permit and fire inspection:

• ARA centers, and SA centers, operated by, and located in, schools that participate in the National School Lunch Program or the School Breakfast Program
 
• Boys and Girls Clubs
 
• Boy Scout sites
 
• Campfire USA sites
 
• Crisis nurseries
 
• Girl Scout sites
 
• Military organizations
 
• Public (federal, state, county, and city) ARA centers
 
• Tribal organizations
 
• Young Men’s Christian Association sites
 
• Young Women’s Christian Association sites
 
• 4H Clubs

These exemptions are provided at the site level, rather than the sponsoring organization level. For example, if an SFA sponsors an unaffiliated site that is not included on the list of exempt sites above, that site must submit a health and safety permit and fire inspection to the CDSS prior to approval. For further information, please see CACFP-07-2016: Health and Safety Permit and Fire Inspection Requirements for License-exempt Centers.

Incorporated School-age Licenses

The CDSS CCLD may authorize CCC to care for a limited number of SA children when issuing a Preschool-age Center license. While these CCC are authorized by CDSS CCLD to care for a specific number of SA children, these centers are not automatically approved by the CACFP to submit reimbursement for meals and/or snacks served to SA children.

The USDA requires the CDSS to report meals and/or snacks for SA children participating in the CACFP separate from non-SA children. For agencies to report meals and/or snacks separately for the SA children, they must obtain approval from the CDSS through the Child Nutrition Information and Payment System (CNIPS) for a SA Center program type. Meal counts, enrollment data, and eligibility rosters must also be maintained separately for SA children. For full information regarding this topic, please refer to CACFP-12-2015: Claiming Meals for School-age Children Approved for Care Under a Preschool License.

Third-party Centers Operating on School District Grounds

Some unified school districts (USD) within California have a policy that states that third party agencies are required to obtain direct permission from them before they can operate the CACFP on USD grounds. Therefore, in accordance with the guidance the CDE/CDSS received in formal correspondence with the USDA, the CDSS now requires the following from each third-party agency that wants to operate the CACFP on USD grounds:

1. A signed and dated letter from a designated official at the USD providing the third-party agency permission to serve CACFP meals or snacks on their grounds; and
 
2. If the school district assists in the implementation of the program, a list of responsible principals.

Each third-party agency must submit this documentation to its assigned CACFP specialist prior to approval.

Adult Day Care (ADC) Centers

An ADCC must have a current license to provide ADCC services from the CDSS or from the California Department of Health Care Services. A nonprofit center’s license must be issued in the name of the nonprofit. A for-profit center’s license must be issued to the current owner, individual, business, or corporation.

Day Care Home (DCH) Providers

DCH providers must be licensed by the CDSS CCLD. Acceptable license documents are:

• License from CDSS

Below are the exceptions to the licensing requirement:

1. Federal Certification:  Providers under the jurisdiction of the federal government (i.e., military bases or Indian reservations) have a licensing approval process that is conducted under federal standards and not bound by CDSS requirements.
 
2. TrustLine Registry:  TrustLine is California’s registry of unlicensed day care providers. License-exempt providers are not bound by CDSS CCLD requirements so long as they stay within the guidelines established by state regulation that allows them to care for children without a day care license. License-exempt TrustLine registered providers must be receiving funds through the Alternative Payment Program or the federal Child Development Block Grant Program and be cleared by fingerprinting through the State Attorney General’s Office. License-exempt TrustLine registered providers that participate in the CACFP must provide the child care in their own homes.  For all license-exempt TrustLine registered providers, sponsors must submit a copy of the provider’s TrustLine registry letter and completed Health and Safety Self-certification form CCP 4 to the CDSS.

References: 7 CFR , Sections 226.6(d), 226.17(b)(1), 226.17a(d), 226.19(b)(1), and 226.19a; CACFP-07-2016 Health and Safety Permit and Fire Inspection Requirements for License-exempt Centers, CACFP-12-2015 Claiming Meals for School-age Children Approved for Care Under a Preschool License, 05-203 License Exempt (TrustLine) Provider; California Code of Regulations, Title 22, Division 12; California Child Day Care Act, Health and Safety Code (HSC), Division 2, Licensing Provisions [1200–1796.70], Chapter 3.4, California Child Day Care Act [1596.70–1596.895], Article 1. General Provisions and Definitions [1596.70–1596.7996].

Questions: A list of program specialists that can assist is found on the CACFP Contact List.

This institution is an equal opportunity provider.
Esta institución es un proveedor que ofrece igualdad de oportunidades.