Clarifies conciliation procedures in cases when the recipient of public assistance programs refuses to comply with employment program requirements in a city having a population of one million or more persons.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4250
SPONSOR: Wright (MS) TITLE OF BILL: An act to amend the social services law, in relation
to clarifying notice requirements, conciliation procedures and sanctions
in cases when the recipient of public assistance programs refuses to
comply with employment program requirements in a city having a popu-
lation of one million or more persons
PURPOSE OR GENERAL IDEA OF BILL: The bill enables local districts to
promote re-engagement of welfare recipients in welfare work activities
to either avoid or end sanctions. This bill shifts the focus of the
local district to re-engaging clients as soon as possible in work activ-
ities and facilitates the transition from welfare to work.
SUMMARY OF SPECIFIC PROVISIONS: Amends Section 341 of the Social
Services Law to require agency to determine if there is an exemption,
lack of child care or transportation or an accommodation for disability
before issuing a re-engagement notice. Such re-engagement notice shall
guarantee the right of a participant to participate in a re-engagement
process and avoid a pro-rata reduction in public assistance benefits.
Such process shall mean the process through which the participant agrees
to comply with any requirements, give reasons for default or demon-
strates exemption at a conciliation conference. Such notice shall
provide the participant with ten days to request re-engagement and indi-
cate the district has verified the availability of child care, transpor-
tation and accommodations for disability at the time of default. It is
further provided that if a participant does not agree to comply, is not
exempt or the district determines that the default was willful and with-
out good cause, ten days notice of intent shall be issued to discontinue
or reduce benefits. Such notice shall include the verifications listed
above, actions necessary to avoid discontinuance or reduction, including
agreeing to comply, and the right to a fair hearing.
Amends Section 341 of the Social Services Law to prohibit sanction
during the re-engagement process and establish that if person is other-
wise participating in work activities, then there should be no sanction
based on single infraction.
Amends Section 341 of the Social Service Law to retain conciliation, but
only as the most formal tool that a client could use to avoid a sanc-
tion. Amends Section 341 of the Social Services Law to establish a writ-
ten reminder of ability to comply after 30 days of non-compliance.
Amends Section 341 of the Social Services Law to institute the right to
cure by client either agreeing to comply or notifying the district of
their exemption.
Amends Section 342 of the Social Services Law to allow a person to
re-engaging their work activity sooner.
JUSTIFICATION: Currently, individuals receiving public assistance from
local social services districts may have their public assistance
payments reduced or stopped due to noncompliance with various rules
promulgated by the social services districts. These social services
districts currently implement these sanctions for certain specific dura-
tions.
These sanctions are punitive to the most at-risk and vulnerable members
of our society. When implemented, they remove the client's ability to
afford food, housing and various necessities. When these payments are
revoked, it leads to hunger in families an- often leads to the commence-
ment of eviction proceedings, which then increases the client's reliance
on the social services safety net due to their need for emergency food
and shelter.
Under the current process, even where the client misses just one
appointment, the local social services district is required to expend
time and resources focused on sanctioning the client rather than re-en-
gaging the client in work activities as soon as possible. Not only would
this bill enable the local social services districts to focus time and
resources on the key goal of engagement, it would assist clients in
keeping on track with their work activities.
This bill allows for a more streamlined conciliation process by focusing
on re-engaging the client.
PRIOR LEGISLATIVE HISTORY: 2013A.2669-Refereed to Social Services
2011-2012 A.3423-A Referred to Social Services 2010 A.11409-Reported to
Codes
FISCAL IMPLICATIONS: Savings to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4250
2015-2016 Regular Sessions
IN ASSEMBLY
January 29, 2015
___________
Introduced by M. of A. WRIGHT, MOSLEY, AUBRY, RODRIGUEZ, DAVILA, WEPRIN,
RUSSELL, PERRY -- Multi-Sponsored by -- M. of A. SCARBOROUGH -- read
once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to clarifying
notice requirements, conciliation procedures and sanctions in cases
when the recipient of public assistance programs refuses to comply
with employment program requirements in a city having a population of
one million or more persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 341-a to read as follows:
3 § 341-a. Re-engagement; conciliation; refusal to participate. 1. The
4 provisions of this section shall apply to persons who are residents of a
5 city having a population of one million or more people.
6 2. (a) Consistent with federal law and regulations and this title, if
7 a participant has failed or refused to comply with the requirements of
8 this title and the district has determined that he or she is not exempt
9 from such requirements and has verified that appropriate child care,
10 transportation, and accommodations for disability were in place at the
11 time of such failure or refusal, the social services district shall
12 issue a re-engagement notice in plain language indicating that such
13 failure or refusal has taken place and of the right of such participant
14 to avoid a pro-rata reduction in public assistance benefits through the
15 re-engagement process. "Re-engagement process" shall mean the process
16 through which a participant may avoid a pro-rata reduction in public
17 assistance benefits by agreeing to comply with the requirements of this
18 title consistent with any medical condition which may limit the individ-
19 ual's ability to participate in work activities, by notifying the
20 district that he or she has become exempt from the requirements of this
21 title, or by resolving the reasons for such failure or refusal at a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04861-01-5
A. 4250 2
1 conciliation conference. The notice shall indicate that the participant
2 has ten days to request re-engagement with the district. The notice
3 shall indicate the specific instance or instances of willful refusal or
4 failure to comply without good cause with the requirements of this title
5 and the necessary actions that must be taken to avoid a pro-rata
6 reduction in public assistance benefits and the district has verified
7 that appropriate child care, transportation and accommodations for disa-
8 bility were in place at the time of such failure or refusal.
9 (1) If a participant chooses to avoid a pro-rata reduction in public
10 assistance benefits through a conciliation conference, it will be the
11 responsibility of the participant to give reasons for such failure or
12 refusal. The re-engagement notice shall also include an explanation in
13 plain language of what would constitute good cause for non-compliance
14 and examples of acceptable forms of evidence that may warrant an
15 exemption from work activities, including evidence of domestic violence,
16 and physical or mental health limitations that may be provided at the
17 conciliation conference to demonstrate such good cause for failure to
18 comply with the requirements of this title. Unless as part of the
19 re-engagement process the participant does not agree to comply, has not
20 become exempt or the district determines as a result of the conciliation
21 conference that such failure or refusal was willful and without good
22 cause, no further action shall be taken.
23 (2) If the participant does not contact the district within ten days
24 of the re-engagement notice, the district shall make a finding of wheth-
25 er the alleged failure or refusal to comply was willful and without good
26 cause and shall consider any evidence in the possession of the district
27 indicating that the participant has good cause and if the participant is
28 otherwise participating in work activities, there shall be no finding of
29 willfulness without good cause based on a single appointment or infrac-
30 tion.
31 (b) If the district determines that such failure or refusal was will-
32 ful and without good cause, and that the individual is not exempt from
33 the requirements of this title, the district shall notify such partic-
34 ipant in writing, in plain language and in a manner distinct from any
35 previous notice, by issuing ten days notice of its intent to discontinue
36 or reduce assistance. Such notice shall include the reasons for such
37 determination, the specific instance or instances of willful refusal or
38 failure to comply without good cause with the requirements of this
39 title, shall verify that appropriate child care, transportation and
40 accommodations for disability were in place at the time of such failure
41 or refusal, and specify the necessary actions that must be taken to
42 avoid a pro-rata reduction in public assistance benefits, including
43 agreeing to comply with the requirements of this title consistent with
44 any medical condition which may limit the individual's ability to
45 participate in work activities or notifying the district that he or she
46 has become exempt from the requirements of this title and the right to a
47 fair hearing relating to such discontinuance or reduction.
48 3. (a) The department shall establish in regulation a conciliation
49 procedure for the resolution of disputes related to an individual's
50 participation in programs pursuant to this title.
51 (b) The district shall contract with an independent entity, approved
52 by the department, or shall use designated trained staff at the supervi-
53 sory level who have no direct responsibility for the participant's case
54 to mediate disputes in the conciliation conference.
55 (c) If a participant's dispute cannot be resolved through such concil-
56 iation procedure, an opportunity for a fair hearing shall be provided.
A. 4250 3
1 No sanction relating to the subject dispute may be imposed during the
2 re-engagement process.
3 4. When any participant required to participate in work activities
4 fails to comply with the provisions of this title, the social services
5 district shall take such actions as prescribed by appropriate federal
6 law and regulation and this title.
7 5. Consistent with federal law and this title, a social services
8 district shall provide to those participants whose failure to comply has
9 continued for thirty days or longer a written reminder of the option to
10 end a sanction by terminating the failure to comply as specified in
11 subdivision two of this section. Such notice shall advise that the
12 participant may immediately terminate the sanction by either agreeing to
13 comply with the requirements of this title consistent with any medical
14 condition which may limit the individual's ability to participate in
15 work activities or notifying the district that he or she has become
16 exempt from the requirements of this title.
17 6. Consistent with federal law and regulation and this title, no
18 notice shall be issued as specified in subdivision two of this section
19 unless it has been determined that the individual is not exempt from the
20 requirements of this title and has determined that appropriate child
21 care, transportation and accommodations for disability were in place at
22 the time of such failure or refusal to comply with the requirements of
23 this title and no action shall be taken pursuant to this section for
24 failure to participate in the program or refusal to accept employment
25 if:
26 (a) child care for a child under age thirteen (or day care for any
27 incapacitated individual living in the same home as a dependent child)
28 is necessary for an individual to participate or continue participation
29 in activities pursuant to this title or accept employment and such care
30 is not available and the social services district fails to provide such
31 care;
32 (b) (1) the employment would result in the family of the participant
33 experiencing a net loss of cash income; provided, however, a participant
34 may not claim good cause under this paragraph if the social services
35 district assures that the family will not experience a net loss of cash
36 income by making a supplemental payment;
37 (2) net loss of cash income results if the family's gross income less
38 necessary work-related expenses is less than the cash assistance the
39 participant was receiving at the time the offer of employment is made;
40 or
41 (c) the participant meets other grounds for good cause set forth by
42 the department in its implementation plan for this title which, at a
43 minimum, must describe what circumstances beyond the household's control
44 will constitute "good cause".
45 § 2. Section 341 of the social services law is amended by adding a new
46 subdivision 7 to read as follows:
47 7. The provisions of this section shall not apply to persons who are
48 residents of a city having a population of one million or more people.
49 § 3. The social services law is amended by adding a new section 342-a
50 to read as follows:
51 § 342-a. Noncompliance with the requirements of this title. 1. The
52 provisions of this section shall apply to persons who are residents of a
53 city having a population of one million or more people.
54 2. In accordance with the provisions of this section an individual who
55 is required to participate in work activities shall be ineligible to
56 receive public assistance if he or she fails to comply, without good
A. 4250 4
1 cause, with the requirements of this title and the district has deter-
2 mined that he or she is not exempt from such requirements and has veri-
3 fied that appropriate child care, transportation, and accommodations for
4 disability were in place at the time of such failure or refusal. Such
5 ineligibility shall be for the amount and period specified in this
6 section. Good cause for failing to comply with the requirements of this
7 title shall be defined in department regulations, provided, however,
8 that the parent or caretaker relative of a child under thirteen years of
9 age shall not be subject to the ineligibility provisions of this section
10 if the individual can demonstrate, in accordance with the regulations of
11 the office of children and family services, that lack of available child
12 care prevents such individual from complying with the work requirements
13 of this title. The parent or caretaker relative shall be responsible for
14 locating the child care needed to meet the work requirements; provided,
15 however, that the relevant social services district shall provide a
16 parent or caretaker relative who demonstrates an inability to obtain
17 needed child care with a choice of two providers, at least one of which
18 will be a regulated provider.
19 3. In the case of an applicant for or recipient of public assistance
20 whom the district has determined is not exempt from the requirements of
21 this title and who is a parent or caretaker of a dependent child, the
22 public assistance benefits otherwise available to the household of which
23 such individual is a member shall be reduced pro-rata until the individ-
24 ual is willing to comply with the requirements of this title consistent
25 with any medical condition which may limit the individual's ability to
26 participate in work activities.
27 4. In the case of an individual who is a member of a household without
28 dependent children whom the district has determined is not exempt from
29 the requirements of this title and who is applying for or in receipt of
30 safety net assistance, the public assistance benefits otherwise avail-
31 able to the household of which such individual is a member shall be
32 reduced pro-rata until the failure or refusal to comply with the
33 requirements of this title consistent with any medical condition which
34 may limit the individual's ability to participate in work activities
35 ceases.
36 5. A recipient of public assistance whom the district has determined
37 is not exempt from the requirements of this title and who quits or
38 reduces his hours of employment without good cause or due to any medical
39 condition which may limit the individual's ability to participate in
40 work activities shall be considered to have failed to comply with the
41 requirements of this article and shall be subject to the provisions of
42 this section.
43 6. A person described in paragraph (b) of subdivision seven of section
44 one hundred fifty-nine of this chapter may not be sanctioned if his or
45 her failure to comply with requirements of this title is related to his
46 or her health status.
47 § 4. Section 342 of the social services law is amended by adding a new
48 subdivision 6 to read as follows:
49 6. The provisions of this section shall not apply to persons who are
50 residents of a city having a population of one million or more people.
51 § 5. This act shall take effect immediately.
