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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 nicole.proesch@iowa.gov.
BOOK: 28 
DECISION: 151 
MONTH-YEAR: October - 2017
IN RE: Termination from CACFP
APPELLANT: Geovana and Jeffrey Lush
APPELLEE: Community, Family & Youth Services
KEYWORDS: CACFP
FULL TEXT: https://www.educateiowa.gov/documents/appeal-decisions/2017/10/book-28-decision-151 
DETAILS: Geovana and Jeffrey Lush run a child day care home in Des Moines, Iowa.  The Lushes day care home participates in the Child and Adult Care Food Program through an agreement with sponsoring organization Community, Family & Youth Services.  CACFP is a federal program that provides reimbursement for meals and snacks provided by providers to children in day care homes and centers.  The program is administered by the United States Department of Agriculture through the Iowa Department of Educations Bureau of Nutrition and Health Services.

  A telephone audit of parents with children enrolled in the Lushes day care home was conducted by CFYS on July 11 and 12, 2017.  Parents were called by CFYS personnel and asked to provide information about their childrens attendance schedules.  CFYS staff then check that information against records submitted by the Lushes showing the times children entered and left each day and meal claim forms.
  On July 14, 2017, a serious deficiency notice was mailed to the Lushes.  The notice states that the Lushes have submitted false claims for reimbursement to the CACFP sponsor, in violation of 7 C.F.R. § 226.16(l)(2)(ii).  This notice lays out three required corrective actions and indicates that if the sponsoring organization receives the documentation of correction action plan, and all parent signature forms are turned in weekly, it will temporarily defer the serious deficiency determination.  They may conduct an unannounced follow-up review to verify the adequacy of the corrective action.  If the corrective action plan does not fully and permanently correct the serious deficiencies, CFYS will proposed to terminate the Lushess agreement to participate in CACFP for cause and disqualify them from future CACFP participation.
  The Lushes did not submit the required attendance forms with parent signatures on the required date.  On August 7, 2017, CFYS provided notice to the Lushes that it intended to terminate their agreement to participate in CACFP for Cause and disqualify them from future CACFP participation.  The letter reiterated the serious deficiency finding from the July 14 serious deficiency notice.  It further states that the Lushes did not submit the documentation mandated in that notice - that is parent signature forms documenting child in and out times and meals serviced - on the first week that such forms were due.
  A national disqualified list is maintained by the USDA of institutions and day care homes disqualified from participation in the program.  If a day care homes agreement is terminated for cause pursuant to 7C.F.R. 226.16, the day care home is disqualified from participation in the CACFP.  The Lushes day care home must be included on the national disqualified list pursuant to this decision.
OUTCOMES: The Child and Adult Family Care Food Program participation between Geovana and Jeffrey Lush and Community, Family & Youth Services is hereby terminated.  The day care home shall be placed on the national disqualified list.