Ms. Dammad runs a child daycare home in Davenport and has participated in the Child and Adult Care Food Program (CACFP)?a federal program that provides reimbursement for meals and snacks provided to children in daycare homes and centers? since August 29, 2005. Her daycare home is supervised by a sponsoring organization known as Community Action of Eastern Iowa ["Community Action"]. Some of the applicable provisions in the agreement between Ms. Dammad and Community Action are as follows:*The home provider shall collect enrollment forms, completed by the parent/guardian and including each child's normal days and hours of care and meals normally received while in care, for all infants and children in the provider's care. [?B, 4]*The home provider shall maintain daily attendance by child's name, date and arrival-departure time. [?B, 5b]*The home provider shall maintain daily meal participation by date, by meal type, and by child's name. [?B, 5c]
On or about February 13, 2007, Community Action provided a written Notice of Seriously Deficient Practice to Ms. Dammad, which stated she failed to maintain adequate records and to daily record required records. The Notice also informed her of the Corrective Action Plan (CAP) required to demonstrate full and permanent compliance with CACFP rules.
Community Action sent a Notice of Proposed Termination on March 1, 2007, stating, "We received the documentation you sent us detailing the actions that you have taken to correct these deficiencies on March 1, 2007, before the correction action deadline. Based on our review of the menus and documentation you have submitted since that date, we have determined that you have not fully and permanently corrected the serious deficiencies that were cited in the Serious Deficiency Notice".
Community Action correctly followed procedure up to the point when it provided Ms. Dammad with her CAP. Because the CAP is a contractual agreement, the fact that Community Action committed to performing certain affirmative actions gives Ms. Dammad the right to rely on that commitment. Community Action stated in the CAP it would complete an unannounced visit; however, it did not do so but proceeded to propose termination of Ms. Dammad's CACFP participation.
Community Action cannot move to terminate Ms. Dammad's participation from the program until it has performed another unannounced visit and a review. The evidence presented here simply does not support a finding that Ms. Dammad has failed to permanently and completely correct the seriously deficient practices of failure to maintain adequate records and failure to daily record required records.
We cannot conclude that Ms. Dammad failed to permanently and completely correct the alleged recordkeeping deficiency without making several assumptions. Therefore, the proposed termination of Ms. Dammad from the Child and Adult Care Food Program is hereby REVERSED.