2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 9-B - Public Assistance Employment Programs › 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.