Food and Nutrition Programs

Statement regarding the status of Bay State Child Care Food Program

To:	Child and Adult Care Food Program (CACFP) Participants
From:	Robert M. Leshin, Acting Director Office for Nutrition, Health and Safety Programs
Date:	February 3, 2016

Over the past several weeks, the Office of Nutrition, Health, and Safety (ONHS) has received a number of inquiries about the termination of the Bay State Child Care Food Program (Bay State) from further participation in the Child and Adult Care Food Program (CACFP). This memo is intended to explain the events leading up to Bay State's termination and what to expect going forward. During a program review in 2014, ONHS identified several areas in which Bay State's operations were significantly out of compliance with CACFP regulations, 7 CFR 226.16, as well as state guidance and policy. Shortly thereafter, ONHS issued a notice of serious deficiency to Bay State and began working with Bay State to correct the deficiencies identified during the program review. After a lengthy process, Bay State failed to submit a corrective action plan that demonstrated full and permanent corrections to its serious deficiencies. As a result ONHS notified Bay State that it intended to terminate its operating agreement in accordance with USDA's CACFP regulations. At Bay State's request the Massachusetts Department of Elementary and Secondary Education conducted an administrative hearing, in accordance with 7 CFR 226.6 and the USDA Serious Deficiency Handbook, to review ONHS's decision. In a written decision issued on January 19, 2016, an independent and impartial Hearing Officer determined that ONHS's decision to terminate Bay State complied with USDA's CACFP regulations as well as Massachusetts state policies and guidance. Although terminating Bay Sate will impact many Massachusetts CACFP providers and sponsors, ONHS is prepared to meet the challenges presented by Bay State's closure. To minimize any disruption or interference with program administration, ONHS has worked with USDA and current sponsoring organizations to ensure that providers formerly sponsored by Bay State continue to receive payment as they find new sponsors and that new sponsors, recruit Bay State's former providers in an orderly fashion. ONHS expects Bay State's closure to have little or no impact on the day to day operations of most CACFP sponsors and providers in Massachusetts. The decision to terminate a CACFP operating agreement is a difficult one, which ONHS does not take lightly. At the same time, ONHS prides itself on the high quality in which the CACFP operates in Massachusetts and on the hard work, dedication, and commitment to Massachusetts's children demonstrated by its CACFP sponsors and providers. Your cooperation and flexibility during this transitional period is greatly appreciated. If you have additional questions or concerns, please contact ONHS at 781-338-6480.

Last Updated: February 3, 2016