N.Y. Social Services Law § 335: Assessments and employability plans for certain recipients in households with dependent children

§ 335. Assessments and employability plans for certain recipients in

households with dependent children. 1. Each social services official

shall ensure that each recipient of public assistance who is a member of

a household with dependent children and is eighteen years of age or

older, or who is sixteen or seventeen years of age and is not attending

secondary school and has not completed high school or a high school

equivalency program, receives an assessment of employability based on

his or her educational level, including literacy and English language

proficiency, basic skills proficiency, child care and other supportive

services needs; and skills, prior work experience, training and

vocational interests. This assessment shall include a review of family

circumstances including a review of any special needs of a child and

whether home visiting services would be appropriate and beneficial for

the family. Such assessment shall be completed within ninety days of the

date on which such person is determined eligible for public assistance.

An applicant for or recipient of public assistance may be assigned to

work activities prior to completion of such assessment.

2. (a) Based on the assessment required by subdivision one of this

section, the social services official, in consultation with the

participant, shall develop an employability plan in writing which shall

set forth the services that will be provided by the social services

official, including but not limited to child care and other services and

the activities in which the participant will take part, including child

care and other services and shall set forth an employment goal for the

participant. To the extent possible, the employability plan shall

reflect the preferences of the participant in a manner that is

consistent with the results of the participant's assessment and the need

of the social services district to meet federal and state work activity

participation requirements, and, if such preferences cannot be

accommodated, the reasons shall be specified in the employability plan.

The employability plan shall also take into account the participant's

supportive services needs, available program resources, local employment

opportunities, and where the social services official is considering an

educational activity assignment for such participant, the participant's

liability for student loans, grants and scholarship awards. The

employability plan shall be explained to the participant. Any change to

the participant's employability plan required by the social services

official shall be discussed with the participant and shall be documented

in writing.

(b) Where an assessment indicates that a participant who is not

subject to the education requirements of subdivision four of section

three hundred thirty-six-a of this title has not attained a basic

literacy level, the social services official shall encourage and may

require the participant to enter a program to achieve basic literacy or

high school equivalency or to enter such educational programs in

combination with other training activities consistent with the

employability plan.

(c) Where an assessment indicates that home visiting services would be

appropriate and beneficial to the public assistance household, and such

services are available, the local social services official shall

encourage the recipient to participate in such services. To the extent

that such participant is interested in receiving home visiting services,

the local social services official shall assign the participant to a

work activity in accordance with paragraph (f) or (m) of subdivision one

of section three hundred thirty-six of this title, where such home

visiting services shall count towards the individual's work requirements

as set forth in section three hundred thirty-five-b of this title.

3. Each applicant for or recipient of public assistance as described

herein must participate in an assessment as required by the social

services district in accordance with the conditions of this section.

Applicants who fail or refuse to participate with the requirements of

this section shall be ineligible for public assistance. Recipients who

fail or refuse to participate with the requirements of this section

shall be subject to the sanctions set forth in section three hundred

forty-two of this title.

4. A local social services official shall, pursuant to department

regulations developed in consultation with the department of education,

and the department of social services or its successor agencies use

designated trained staff or contract with providers having a

demonstrated effectiveness in performing assessments and developing

employability plans to perform assessments and develop employability

plans.

5. A social services district shall assign participants to activities

pursuant to their employability plans to the extent that child care is

guaranteed and other services as prescribed by section three hundred

thirty-two-a of this title and section four hundred ten-u of this

chapter are available. The district shall provide information to

participants orally and in writing, as appropriate, regarding child care

and the methods of payment therefor. Such information shall be

sufficient for participants to make an informed decision regarding child

care.

6. Nothing in this section shall be construed to prevent a social

services official from providing an assessment more detailed or

comprehensive than the requirements set forth in this section.