U.S. Department of Agriculture Waiver Requests

Information about the U.S. Department of Agriculture (USDA) waiver request protocol for the California Department of Social Services (CDSS) Child and Adult Care Food Program (CACFP).

General Information

The USDA Food and Nutrition Service (FNS) established a waiver request protocol for the CACFP. For more information, please see the USDA Policy Memorandum SP 15-2018, CACFP 12-2018, SFSP 05-2018 Child Nutrition Program Waiver Request Guidance and Protocol - Revised.

Current Waiver Requests for the CACFP Branch

2024-25 Onsite Monitoring Waiver

The CDSS is requesting approval from the USDA Food and Nutrition Service (FNS) to waive aspects, as specified below, of the CACFP onsite monitoring review requirement for Day Care Home Sponsoring Organizations (DCH SOs).

Specifically, CDSS is requesting to waive parts of Title 7, Code of Federal Regulations (7 CFR), Section 226.16(d)(4)(iii), allowing CDSS to approve the following flexibilities for DCH SOs in good standing:

• Conduct one of the three required monitoring reviews for each DCH provider offsite (virtually).
 
• Conduct a second of the three required monitoring reviews for each DCH provider offsite (virtually) for DCH providers that meet the following distance or time criteria:
 
• Located at least 50 miles, or more, one way from the SO’s designated headquarters office, or
 
• Located an average of 60 minutes of travel time, or more, one way from the SO’s designated headquarters office.
 

The USDA FNS may only approve waivers to program regulations for the period of one federal fiscal year (October 1–September 30). Each year hereafter, CDSS will assess the need to request a waiver of the onsite monitoring review requirements. Such an assessment includes, but is not limited to, stakeholder feedback, waiver impact and use in previous years, potential impact to program integrity, and provider and State agency business needs.

School Year 2024-25 At-risk Unexpected School Closures

The CDSS is requesting authority to waive up to 10 consecutive operating days for At-risk Afterschool Meals program operators, to waive the following regulations without prior notice to FNS due to unexpected school closures:

• Non-Congregate Meal Service [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.19(b)(6)(iii)]
• Meal Service Times [7 CFR 226.17a(m)]
• Parent/Guardian Meal Pickup [NSLA, 42 U.S.C. 1766(f)(1 )(A) and 7 CFR 226.2 (Meals)]
• Enrichment Activity [NSLA, 42 U.S.C. 1766(r)(2)(B), 1766a(a)(2)(C) and 7 CFR 226.17a(b)(1 )(ii) and (iii)]

Previous Waiver Requests for the CACFP Branch

Day Care Home Sponsor Closure

The CDSS is requesting a waiver for the sponsoring organizations accepting day care home (DCH) providers affected by Catalyst Family's self-cancellation to operate the Child and Adult Care Food Program. The waiver will allow the sponsoring organizations a lengthened amount of time to complete their initial facility review. The waiver will go in effect immediately and expire on August 1, 2024.

School Year 2023-24 At-risk Unexpected School Closures

The CDSS is requesting authority to waive up to 10 consecutive operating days for At-risk Afterschool Meals program operators, to waive the following regulations without prior notice to FNS due to unexpected school closures:

• Non-Congregate Meal Service [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.19(b)(6)(iii)]
 
• Meal Service Times [7 CFR 226.17a(m)]
 
• Parent/Guardian Meal Pickup [NSLA, 42 U.S.C. 1766(f)(1)(A) and 7 CFR 226.2 (Meals)]
 
• Enrichment Activity [NSLA, 42 U.S.C. 1766(r)(2)(B), 1766a(a)(2)(C) and 7 CFR 226.17a(b)(1)(ii) and (iii)]

State of Emergency - Hurricane Hillary

The CDSS is requesting a waiver which would allow CACFP program operators affected by Hurricane Hilary to continue meal service to their students or enrolled participants. The waivers included in this request would be available through the end of the State of Emergency.

Labor Dispute - Oakland

The CDSS is requesting a waiver for Oakland Unified School District for the current labor dispute. The waiver will go into effect immediately until the end of the labor dispute.

Day Care Home Sponsor Closure

The CDSS is requesting a waiver for the sponsoring organizations accepting day care home (DCH) providers affected by the closure of Four Winds Foundation. The waiver will allow the sponsoring organizations a lengthened amount of time to complete their initial facility review. The waiver is also requesting that the sponsoring organizations be allowed to submit claims during the transition period for the DCH providers who properly maintained documentation and meal pattern requirements. The waiver will go in effect immediately and expire on June 30, 2023.

Labor Dispute – Los Angeles

The CDSS is requesting a waiver for Los Angeles Unified School District for the current labor dispute. The waiver will go in effect immediately until the end of the labor dispute.

State of Emergency – Winter Storms

The CDSS is requesting a waiver which would allow CACFP program operators affected by the historic winter storms and included in the State of Emergency Proclamation issued January 22, 2024, to continue meal service. The flexibilities included in this request would be available through the end of the State of Emergency. The CDSS is requesting the following federal regulations to be waived:

• Non-Congregate Meal Service during Unanticipated School Closures [42 U.S.C. 1753(b)(1)(A), 42 U.S.C. 1766a(a)(2), and 7 CFR 226.19(b)(6)(iii)]
 
• Parent and Guardian Meal Pick-Up: Parent and Guardian Meal Pick- Up during Unanticipated School Closures [7 CFR 226.2 (Meals)]
 
• Meal Service Times for Unanticipated School Closures [7 CFR 226.20(k)]
 
• At Risk Education or Enrichment Activities [7 CFR, Section 226.17a(b)(1)(iii)]
 
• Meal Pattern [7 CFR, Section 226.20]

Administrative Review Cycle Extension

The CDSS is requesting a waiver to extend out the review cycle the state agency conducts administrative reviews of CACFP Operators in good standing to a 5 year cycle, as opposed to the 3 year cycle. The CDSS is asking these federal regulations, 7 CFR 226.6(m)(6), 7 CFR 226.6(m)(6)(i), and 7 CFR 226.6(m)(6)(ii)] be augmented as a part of the CACFP Administrative Review Waiver.

Day Care Home Monitoring

The CDSS is requesting a monitoring waiver which would allow virtual site visits to be conducted by family day care home sponsoring organizations. This request will waive 7 CFR 226.16(d)(4)(iii).

Existing Waivers for the CACFP

For information about CACFP existing waivers, please visit the California Department of Social Services CACFP Waivers page.

Questions: Please contact your assigned Program Specialist which can be found on the CACFP Contact List.

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Esta institución es un proveedor que ofrece igualdad de oportunidades.