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Decision Number
45
Book
24
Month
April
Year
2006
In RE
Termination from CACFP
Appellant
Nicole Klemme
Appellee
Iowa East Central T.R.A.I.N.
Full Text
Summary

Klemme runs a child daycare home and participates in the CACFP, Child and Adult Care Food Program. Her sponsoring organization is Iowa East Central T.R.A.I.N.

T.R.A.I.N. sought to termination Klemme's participation in CACFP for two reasons: (1) Klemme allegedly had more children in her daycare than she was allowed to have per her licensure from the Iowa Dept of Human Services (DHS) and (2) Klemme allegedly failed to fully and permanently correct the serious deficient practice of submitting false claims.

It was earlier decided by this agency that capacity issues are not grounds for termination from CACFP, but should be reported to DHS. As to the false claims issue, insufficient proof was offered to support termination. Termination is reserved for systemic problems, not isolated issues.

For future reference, a sponsor seeking to terminate providers are advised to provide the reviewing agency with the following:1. Copies of all communications relevant to the allegations.2. Proof of all technical assistance offered to the provider with specific showing that the provider was aware of all areas of noncompliance and of how to correct the same.3. Proof that the offered technical assistance directly addressed the requirements in the Corrective Action Plan demanded of the provider.

The proposed termination herein was dismissed.