2023 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 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.