N.Y. Social Services Law § 341-a: Re-engagement; conciliation; refusal to participate

§ 341-a. Re-engagement; conciliation; refusal to participate. 1. The

provisions of this section shall apply to persons who are residents of a

city having a population of one million or more people.

2. (a) Consistent with federal law and regulations and this title, if

a participant has failed or refused to comply with the requirements of

this title and the district has determined that he or she is not exempt

from such requirements and has verified that appropriate child care,

transportation, and accommodations for disability were in place at the

time of such failure or refusal, the social services district shall

issue a re-engagement notice in plain language indicating that such

failure or refusal has taken place and of the right of such participant

to avoid a pro-rata reduction in public assistance benefits through the

re-engagement process. "Re-engagement process" shall mean the process

through which a participant may avoid a pro-rata reduction in public

assistance benefits by agreeing to comply with the requirements of this

title consistent with any medical condition which may limit the

individual's ability to participate in work activities, by notifying the

district that he or she has become exempt from the requirements of this

title, or by resolving the reasons for such failure or refusal at a

conciliation conference. The notice shall indicate that the participant

has ten days to request re-engagement with the district. The notice

shall indicate the specific instance or instances of willful refusal or

failure to comply without good cause with the requirements of this title

and the necessary actions that must be taken to avoid a pro-rata

reduction in public assistance benefits and the district has verified

that appropriate child care, transportation and accommodations for

disability were in place at the time of such failure or refusal.

(1) If a participant chooses to avoid a pro-rata reduction in public

assistance benefits through a conciliation conference, it will be the

responsibility of the participant to give reasons for such failure or

refusal. The re-engagement notice shall also include an explanation in

plain language of what would constitute good cause for non-compliance

and examples of acceptable forms of evidence that may warrant an

exemption from work activities, including evidence of domestic violence,

and physical or mental health limitations that may be provided at the

conciliation conference to demonstrate such good cause for failure to

comply with the requirements of this title. Unless as part of the

re-engagement process the participant does not agree to comply, has not

become exempt or the district determines as a result of the conciliation

conference that such failure or refusal was willful and without good

cause, no further action shall be taken.

(2) If the participant does not contact the district within ten days

of the re-engagement notice, the district shall make a finding of

whether the alleged failure or refusal to comply was willful and without

good cause and shall consider any evidence in the possession of the

district indicating that the participant has good cause and if the

participant is otherwise participating in work activities, there shall

be no finding of willfulness without good cause based on a single

appointment or infraction.

(b) If the district determines that such failure or refusal was

willful and without good cause, and that the individual is not exempt

from the requirements of this title, the district shall notify such

participant in writing, in plain language and in a manner distinct from

any previous notice, by issuing ten days notice of its intent to

discontinue or reduce assistance. Such notice shall include the reasons

for such determination, the specific instance or instances of willful

refusal or failure to comply without good cause with the requirements of

this title, shall verify that appropriate child care, transportation and

accommodations for disability were in place at the time of such failure

or refusal, and specify the necessary actions that must be taken to

avoid a pro-rata reduction in public assistance benefits, including

agreeing to comply with the requirements of this title consistent with

any medical condition which may limit the individual's ability to

participate in work activities or notifying the district that he or she

has become exempt from the requirements of this title and the right to a

fair hearing relating to such discontinuance or reduction.

3. (a) The department shall establish in regulation a conciliation

procedure for the resolution of disputes related to an individual's

participation in programs pursuant to this title.

(b) The district shall contract with an independent entity, approved

by the department, or shall use designated trained staff at the

supervisory level who have no direct responsibility for the

participant's case to mediate disputes in the conciliation conference.

(c) If a participant's dispute cannot be resolved through such

conciliation procedure, an opportunity for a fair hearing shall be

provided. No sanction relating to the subject dispute may be imposed

during the re-engagement process.

4. When any participant required to participate in work activities

fails to comply with the provisions of this title, the social services

district shall take such actions as prescribed by appropriate federal

law and regulation and this title.

5. Consistent with federal law and this title, a social services

district shall provide to those participants whose failure to comply has

continued for thirty days or longer a written reminder of the option to

end a sanction by terminating the failure to comply as specified in

subdivision two of this section. Such notice shall advise that the

participant may immediately terminate the sanction by either agreeing to

comply with the requirements of this title consistent with any medical

condition which may limit the individual's ability to participate in

work activities or notifying the district that he or she has become

exempt from the requirements of this title.

6. Consistent with federal law and regulation and this title, no

notice shall be issued as specified in subdivision two of this section

unless it has been determined that the individual is not exempt from the

requirements of this title and has determined that appropriate child

care, transportation and accommodations for disability were in place at

the time of such failure or refusal to comply with the requirements of

this title and no action shall be taken pursuant to this section for

failure to participate in the program or refusal to accept employment

if:

(a) child care for a child under age thirteen (or day care for any

incapacitated individual living in the same home as a dependent child)

is necessary for an individual to participate or continue participation

in activities pursuant to this title or accept employment and such care

is not available and the social services district fails to provide such

care;

(b) (1) the employment would result in the family of the participant

experiencing a net loss of cash income; provided, however, a participant

may not claim good cause under this paragraph if the social services

district assures that the family will not experience a net loss of cash

income by making a supplemental payment;

(2) net loss of cash income results if the family's gross income less

necessary work-related expenses is less than the cash assistance the

participant was receiving at the time the offer of employment is made;

or

(c) the participant meets other grounds for good cause set forth by

the department in its implementation plan for this title which, at a

minimum, must describe what circumstances beyond the household's control

will constitute "good cause".