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Department of Education

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Appeal Decisions

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If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or
BOOK: 26 
MONTH-YEAR: January - 2011
IN RE: Termination from CACFP
APPELLANT: Teresa Bulicek
APPELLEE: Bureau of Nutrition, Health and Transportation Services
KEYWORDS: CACFP regulations; health and safety of children
DETAILS: CACFP is a program created by the Agricultural Risk Protection Act, 42 U.S.C. § 1766.  That Act and its regulations dictate the minimum terms of the participation agreement between the sponsor and the home provider. 
  The regulations at 7 C.F.R. § 226.16 enumerate reasons why a daycare home may be terminated from CACFP.  Being cited as ''seriously deficient'' and not correcting the deficiency is one cause for termination. Ms. Bulicek did not submit correct claims for reimbursement, and did not correct this deficiency.

  The regulations governing the CACFP are quite strict.  While a termination from CACFP may seem harsh, the rationale for the strictness of the regulations is simple.  CACFP is funded by public monies;  therefore, a provider is required to be accountable to the public for how s/he operates.  When such accountability is lacking, the public trust is gone, and the Bureau is required to take appropriate action.  Put another way, the Bureau has a duty, no matter how unpleasant at times that duty may be, to hold its providers accountable on behalf of the public.
OUTCOMES: The proposed termination of Teresa Bulicek, d/b/a Showtime Child Care, from the Child and Adult Care Food Program is hereby affirmed.