NY Soc Serv L § 335 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 9-B - Public Assistance Employment Programs 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. 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.   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.