N.Y. Social Services Law § 335-a: Assessments and employability plans for certain recipients in households without dependent children

§ 335-a. Assessments and employability plans for certain recipients in

households without dependent children. 1. To the extent resources are

available, the social services official shall, within a reasonable

period of time not to exceed one year following application and not to

the exclusion of the assessment requirements of section three hundred

thirty-five of this title, conduct an assessment of employability based

on the educational level, including literacy and English language

proficiency; basic skills proficiency; supportive services needs; and

the skills, prior work experience, training and vocational interests of

each participant. This assessment shall include a review of family

circumstances.

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 and the activities in which the participant will take part,

including supportive 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 also shall 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 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.

3. 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.

4. 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.

5. A social services district shall assign participants to activities

pursuant to their employability plans to the extent that supportive

services including transportation are available.

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

services official from providing an assessment more detailed or

comprehensive that the requirements set forth in this section.