New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.7 - Assessments and employability plans for households without dependent children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Assessments.
(1) To the extent that resources are
			 available, the social services official shall conduct an assessment of
			 employability for applicants and recipients in households without dependent
			 children who are not exempt from assignment to work activities in accordance
			 with the provisions of section
			 385.2 
			 of this Part.
(2) Such assessment
			 shall be conducted within a reasonable period of time, but in any case shall be
			 conducted within a year following a recipient's application for safety net
			 assistance.
(3) Such assessment
			 shall include, but not be limited to, a review of the individual's:
(i) educational level, including literacy and
			 English language proficiency;
(ii)
			 basic skills proficiency;
(iii)
			 supportive service needs;
(iv)
			 skills and prior work experience;
(v) prior participation in education and
			 training;
(vi) training and
			 vocational interests; and
(vii)
			 family circumstances.
(4) The social services official shall
			 encourage and may require a nonexempt recipient who has not attained a basic
			 literacy level and who is not subject to the educational requirements of
			 section
			 385.9 
			 of this Part to enroll in a basic literacy program, high school equivalency
			 program or other educational program in combination with other work activities.
			 Any such assignment shall be consistent with the employability plan prepared
			 pursuant to subdivision (b) of this section.
(i) Basic literacy level for purposes of
			 paragraph (4) of this subdivision is defined as a literacy level equivalent to
			 the ninth grade.
(ii) Such basic
			 literacy level for nonexempt recipients of public assistance who have not
			 obtained a high school diploma or the equivalent shall be established based on
			 a test for basic literacy level as determined appropriate by the Education
			 Department.
(5) The
			 social services official shall offer the option and may require a nonexempt
			 recipient who has achieved a basic literacy level as defined in subparagraph
			 (4)(i) of this subdivision, but has not attained a high school diploma or the
			 equivalent and who is not subject to the educational requirements of section
			 385.9 
			 of this Part to enroll in an educational program designed to improve the
			 individual's literacy level and/or prepare the individual for attainment of a
			 high school diploma or its equivalent in combination with other work activities
			 as appropriate Any such assignment shall be consistent with the employability
			 plan prepared pursuant to subdivision (b) of this section.
(6) An applicant or recipient may be assigned
			 to work activities in accordance with the provisions of this Part prior to the
			 completion of an assessment.
(7)
			 Applicants and recipients are required to participate in an assessment as
			 assigned by the social services official.
(i)
			 An applicant who fails to comply with assessment requirements shall be
			 ineligible for public assistance, provided, however, that the term applicant
			 means the entire applicant household.
(ii) A recipient who fails to comply with
			 assessment requirements shall be subject to the provisions of sections
			 385.11
			 and
			 385.12 
			 of this Part.