Expands provisions of public assistance employment programs to ensure comprehensive assessments and development of career plans for participants; sets forth a definition of sustainable living wage; provides for review of specific employment-related skills and abilities; requires a preference for unsubsidized employment; requires social services officials to establish collaborative relationships with local employers in the private sector.
STATE OF NEW YORK
________________________________________________________________________
2609
2011-2012 Regular Sessions
IN ASSEMBLY
January 19, 2011
___________
Introduced by M. of A. WRIGHT, GLICK, MILLMAN, JAFFEE -- Multi-Sponsored
by -- M. of A. BRENNAN, CAMARA, HOOPER, MAGEE, McENENY, PHEFFER,
ROBINSON, SWEENEY -- read once and referred to the Committee on Social
Services
AN ACT to amend the social services law, in relation to public assist-
ance employment programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 330 of the social services law, as
2 amended by section 148 of part B of chapter 436 of the laws of 1997,
3 paragraphs a and b as amended by section 2 of part C of chapter 57 of
4 the laws of 2005, is amended to read as follows:
5 1. Whenever used in this title:
6 a. the term "commissioner" means the commissioner of the state office
7 of temporary and disability assistance; [and]
8 b. the term "department" means the state office of temporary and disa-
9 bility assistance; and
10 c. the term "sustainable living wage" means a wage that is at least
11 one hundred eighty-five percent of the federal poverty level for a
12 household that consists of four persons and that takes into account
13 costs related to employment such as federal, state and local taxes,
14 child care, health care, food and shelter costs for a particular social
15 services district.
16 § 2. Subdivisions 1, 2, 4 and 5 of section 335 of the social services
17 law, subdivision 1 as amended by chapter 214 of the laws of 1998 and
18 subdivisions 2, 4 and 5 as amended by section 148 of part B of chapter
19 436 of the laws of 1997, are amended to read as follows:
20 1. Each social services official shall ensure that each recipient of
21 public assistance who is a member of a household with dependent children
22 and is eighteen years of age or older, or who is sixteen or seventeen
23 years of age and is not attending secondary school and has not completed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06246-01-1
A. 2609 2
1 high school or a high school equivalency program, receives an assessment
2 [of employability] and a career plan based on his or her educational
3 level, including literacy and English language proficiency, basic skills
4 proficiency, child care and other supportive services needs; and skills,
5 prior work experience, training and vocational interests. The social
6 services official shall further ensure that such assessment includes a
7 comprehensive review of the specific employment-related skills and abil-
8 ities of each public assistance recipient. This assessment shall also
9 identify specific barriers, such as access to child care and transporta-
10 tion, unsafe or unstable housing conditions, the need to care for a
11 disabled family member, substance abuse or physical or mental health
12 conditions, or domestic violence issues that may make it difficult for a
13 public assistance recipient to obtain or maintain permanent unsubsidized
14 employment. This assessment shall include a review of family circum-
15 stances including a review of any special needs of a child. Such assess-
16 ment shall be completed within ninety days of the date on which such
17 person is determined eligible for public assistance. An applicant for or
18 recipient of public assistance may be assigned to work activities prior
19 to completion of such assessment. However, in no instance shall a public
20 assistance recipient be assigned to activities described in paragraph
21 (b), (c), (d), or (g) of subdivision one of section three hundred thir-
22 ty-six of this title without consideration of locally available unsubsi-
23 dized employment opportunities.
24 2. (a) Based on the assessment required by subdivision one of this
25 section, the social services official, in consultation with the partic-
26 ipant, shall develop [an employability] a career plan in writing which
27 shall set forth the services that will be provided by the social
28 services official, including but not limited to child care and other
29 services and the activities in which the participant will take part,
30 including child care and other services and shall set forth an employ-
31 ment goal for the participant. To the extent possible, such career plan
32 shall include an emphasis upon developing the participant's capacity to
33 obtain unsubsidized employment, with substantial opportunity for incre-
34 mental career advancements and salary increases. The social services
35 official shall provide the participant with information pertaining to
36 New York state workforce and industry data published by the department
37 of labor when developing the career plan. To the extent possible, such
38 information shall include a quarterly updated listing of local indus-
39 tries with recent job gains. Such information shall also emphasize local
40 employment opportunities available paying a sustainable living wage
41 sufficient to meet basic needs including housing, food, clothing, ener-
42 gy, and transportation and are likely to offer benefits, such as health
43 insurance, sick leave and vacation leave, or those made available under
44 section three hundred thirty-six-b of this title.
45 To the extent possible, the [employability] career plan shall reflect
46 the preferences of the participant in a manner that is consistent with
47 the results of the participant's assessment and the need of the social
48 services district to meet federal and state work activity participation
49 requirements, and, if such preferences cannot be accommodated, the
50 reasons shall be specified in the [employability] career plan. The
51 [employability] career plan shall also take into account the partic-
52 ipant's supportive services needs, available program resources, local
53 employment opportunities, and where the social services official is
54 considering an educational activity assignment for such participant, the
55 participant's liability for student loans, grants and scholarship
56 awards. The [employability] career plan shall be explained to the
A. 2609 3
1 participant and written in plain language in collaboration with the
2 participant. Any change to the participant's [employability] career
3 plan required by the social services official shall be discussed with
4 the participant and shall be documented in writing.
5 (b) Where an assessment indicates that a participant who is not
6 subject to the education requirements of subdivision four of section
7 three hundred thirty-six-a of this title has not attained a basic liter-
8 acy level, the social services official shall encourage and may require
9 the participant to enter a program to achieve basic literacy or high
10 school equivalency or to enter such educational programs in combination
11 with other training activities consistent with the [employability]
12 career plan.
13 (c) The career plan that is developed for each participant shall, to
14 the extent possible, include an employment goal directly related to
15 unsubsidized employment opportunities available paying a sustainable
16 living wage sufficient to meet basic needs including housing, food,
17 clothing, energy, and transportation and are likely to offer benefits,
18 such as health insurance, sick leave and vacation leave, or those made
19 available under section three hundred thirty-six-b of this title, with
20 substantial opportunity for incremental career advancements and salary
21 increases. In instances where the participant's assessment indicates a
22 need for additional education, training or work experience to improve
23 his or her work skills and qualifications for unsubsidized employment,
24 the career plan shall set forth the specific programs and services that
25 will be made available to the participant for the purposes of obtaining
26 additional employment and job readiness skills. If the participant's
27 career plan includes an immediate assignment to activities described in
28 paragraph (b), (c), (d), or (g) of subdivision one of section three
29 hundred thirty-six of this title, then the plan shall indicate the
30 specific employment-related skills that the participant shall obtain
31 through participation in the assigned work activity. The career plan
32 shall preferably include assignment to vocational educational training
33 defined in paragraph (h) of subdivision one of section three hundred
34 thirty-six of this title to the extent that the assessment indicates a
35 need for such training and that such training is locally available.
36 Whenever practicable, the career plan shall also include a long-term
37 employment goal directly related to unsubsidized employment. Nothing in
38 this paragraph shall limit the state's capacity to meet the mandatory
39 work requirement as set forth in section three hundred thirty-five-b of
40 this title; provided, however each social services district is author-
41 ized to assign or extend a recipient's participation in vocational
42 educational training if the state is already in full compliance with
43 federally mandated work participation rates.
44 (d) The social services official shall ensure that the career plan of
45 each participant is comprehensively reviewed, in consultation with such
46 participant, at regular intervals no less often than every twelve months
47 or at the point of redetermination of eligibility. Such review shall be
48 conducted through an in-person interview only to the extent that the
49 appointment shall not conflict with the participant's employment and
50 academic schedules. A participant who is engaged in unsubsidized employ-
51 ment or who is a full-time non-graduate student shall receive the option
52 of correspondence with the social services official through the regular
53 mail or telephone communication for the purposes of reviewing the career
54 plan. The review shall include an update of the participant's specific
55 employment-related skills, including any new skills that the participant
56 has obtained through participation in a work or training activity or
A. 2609 4
1 through participation in basic literacy, high school equivalency or
2 other higher education program. If the participant has been engaged in
3 activities described in paragraph (b), (c), (d), or (g) of subdivision
4 one of section three hundred thirty-six of this title, then the review
5 shall also include a consideration of unsubsidized employment opportu-
6 nities currently available that pay a sustainable living wage sufficient
7 to meet basic needs including housing, food, clothing, energy, and
8 transportation and are likely to offer benefits, such as health insur-
9 ance, sick leave and vacation leave, or those made available under
10 section three hundred thirty-six-b of this title, with substantial
11 opportunity for incremental career advancements and salary increases. In
12 no instance shall a participant be assigned to continued participation
13 in activities described in paragraph (b), (c), (d), or (g) of subdivi-
14 sion one of section three hundred thirty-six of this title without
15 consideration of new locally available unsubsidized employment opportu-
16 nities. If the social services official determines, upon review of the
17 career plan, that the participant is in need of additional education,
18 training or work experience to improve his or her work skills and quali-
19 fications to obtain unsubsidized employment, the career plan shall set
20 forth the specific programs and services that shall be made available to
21 the participant for the purposes of obtaining additional employment and
22 job readiness skills.
23 4. A local social services official shall, pursuant to department
24 regulations developed in consultation with the department of education,
25 and the department of social services or its successor agencies use
26 designated trained staff or contract with providers having a demon-
27 strated effectiveness in performing assessments and developing [employa-
28 bility] career plans to perform assessments and develop [employability]
29 career plans.
30 5. A social services district shall assign participants to activities
31 pursuant to their [employability] career plans to the extent that child
32 care is guaranteed and other services as prescribed by section three
33 hundred thirty-two-a of this title and section four hundred ten-u of
34 this chapter are available. The district shall provide information to
35 participants orally and in writing, as appropriate, regarding child care
36 and the methods of payment therefor. Such information shall be suffi-
37 cient for participants to make an informed decision regarding child
38 care.
39 § 3. Subdivisions 1, 2, 3 and 5 of section 335-a of the social
40 services law, as amended by section 148 of part B of chapter 436 of the
41 laws of 1997, are amended to read as follows:
42 1. To the extent resources are available, the social services official
43 shall, within a reasonable period of time not to exceed one year follow-
44 ing application and not to the exclusion of the assessment requirements
45 of section three hundred thirty-five of this title, conduct an assess-
46 ment [of employability] and develop a career plan based on the educa-
47 tional level, including literacy and English language proficiency; basic
48 skills proficiency; supportive services needs; and the skills, prior
49 work experience, training and vocational interests of each participant.
50 This assessment shall include a review of family circumstances. The
51 social services official shall further ensure that such assessment
52 includes a comprehensive review of the specific employment-related
53 skills and abilities of each participant. This assessment shall also
54 identify specific barriers, such as access to child care and transporta-
55 tion, unsafe or unstable housing conditions, the need to care for a
56 disabled family member, substance abuse or physical or mental health
A. 2609 5
1 conditions, or domestic violence issues that may make it difficult for a
2 participant to obtain or maintain permanent unsubsidized employment. If
3 a participant is assigned to work activities prior to the completion of
4 such assessment, such participant shall in no instance be assigned to
5 activities described in paragraph (b), (c), (d), or (g) of subdivision
6 one of section three hundred thirty-six of this title without consider-
7 ation of locally available unsubsidized employment opportunities.
8 2. (a) Based on the assessment required by subdivision one of this
9 section, the social services official, in consultation with the partic-
10 ipant, shall develop [an employability] a career plan in writing which
11 shall set forth the services that will be provided by the social
12 services official and the activities in which the participant will take
13 part, including supportive services and shall set forth an employment
14 goal for the participant. A local social services district may assign
15 recipients in households without dependent children to any activity. To
16 the extent possible, such career plan shall include an emphasis upon
17 developing the participant's capacity to obtain unsubsidized employment,
18 with substantial opportunity for incremental career advancements and
19 salary increases. The social services official shall provide the partic-
20 ipant with information pertaining to New York state workforce and indus-
21 try data published by the department of labor when developing the career
22 plan. To the extent possible, such information shall include a quarterly
23 updated listing of local industries with recent job gains. Such informa-
24 tion shall also emphasize local employment opportunities available
25 paying a sustainable living wage sufficient to meet basic needs includ-
26 ing housing, food, clothing, energy, and transportation and are likely
27 to offer benefits, such as health insurance, sick leave and vacation
28 leave, or those made available under section three hundred thirty-six-b
29 of this title. The [employability] career plan also shall take into
30 account the participant's supportive services needs, available program
31 resources, local employment opportunities, and where the social services
32 official is considering an educational activity assignment for such
33 participant, the participant's liability for student loans, grants and
34 scholarship awards. The [employability] career plan shall be explained
35 to the participant and written in plain language in collaboration with
36 the participant. Any change to the participant's [employability] career
37 plan required by the social services official shall be discussed with
38 the participant and shall be documented in writing.
39 (b) Where an assessment indicates that a participant who is not
40 subject to the education requirements of this title has not attained a
41 basic literacy level, the social services official shall encourage and
42 may require the participant to enter a program to achieve basic literacy
43 or high school equivalency or to enter such educational programs in
44 combination with other training activities consistent with the [employa-
45 bility] career plan.
46 (c) The career plan that is developed for each participant shall, to
47 the extent possible, include an employment goal directly related to
48 unsubsidized employment opportunities available paying a sustainable
49 living wage sufficient to meet basic needs including housing, food,
50 clothing, energy, and transportation and are likely to offer benefits,
51 such as health insurance, sick leave and vacation leave, or those made
52 available under section three hundred thirty-six-b of this title, with
53 substantial opportunity for incremental career advancements and salary
54 increases. In instances where the participant's assessment indicates a
55 need for additional education, training or work experience to improve
56 his or her work skills and qualifications for unsubsidized employment,
A. 2609 6
1 the career plan shall set forth the specific programs and services that
2 will be made available to the participant for the purposes of obtaining
3 additional employment and job readiness skills. If the participant's
4 career plan includes an immediate assignment to activities described in
5 paragraph (b), (c), (d), or (g) of subdivision one of section three
6 hundred thirty-six of this title, then the plan shall indicate the
7 specific employment-related skills that the participant shall obtain
8 through participation in the assigned work activity. The career plan
9 shall preferably include assignment to vocational educational training
10 defined in paragraph (h) of subdivision one of section three hundred
11 thirty-six of this title to the extent that the assessment indicates a
12 need for such training and that such training is locally available.
13 Wherever practicable, the career plan shall also include a long-term
14 employment goal directly related to unsubsidized employment. Nothing in
15 this paragraph shall limit the state's capacity to meet the mandatory
16 work requirement as set forth in section three hundred thirty-five-b of
17 this title; provided, however each social services district is author-
18 ized to assign or extend a recipient's participation in vocational
19 educational training if the state is already in full compliance with
20 federally mandated work participation rates.
21 (d) The social services official shall ensure that the career plan of
22 each participant is comprehensively reviewed, in consultation with such
23 participant, at regular intervals no less often than every twelve months
24 or at the point of redetermination of eligibility. Such review shall be
25 conducted through an in-person interview only to the extent that the
26 appointment shall not conflict with the participant's employment and
27 academic schedules. A participant who is engaged in unsubsidized employ-
28 ment or who is a full-time non-graduate student shall receive the option
29 of correspondence with the social services official through the regular
30 mail or telephone communication for the purposes of reviewing the career
31 plan. The review shall include an update of the participant's specific
32 employment-related skills, including any new skills that the participant
33 has obtained through participation in a work or training activity or
34 through participation in basic literacy, high school equivalency or
35 other higher education program. If the participant has been engaged in
36 activities described in paragraph (b), (c), (d), or (g) of subdivision
37 one of section three hundred thirty-six of this title, then the review
38 shall also include a consideration of unsubsidized employment opportu-
39 nities currently available paying a sustainable living wage sufficient
40 to meet basic needs including housing, food, clothing, energy, and
41 transportation and are likely to offer benefits, such as health insur-
42 ance, sick leave and vacation leave, or those made available under
43 section three hundred thirty-six-b of this title, with substantial
44 opportunity for incremental career advancements and salary increases. In
45 no instance shall a participant be assigned to continued participation
46 in activities described in paragraph (b), (c), (d), or (g) of subdivi-
47 sion one of section three hundred thirty-six of this title without
48 consideration of new locally available unsubsidized employment opportu-
49 nities. If the social services official determines, upon review of the
50 career plan, that the participant is in need of additional education,
51 training or work experience to improve his or her work skills and quali-
52 fications to obtain unsubsidized employment, the career plan shall set
53 forth the specific programs and services that shall be made available to
54 the participant for the purposes of obtaining additional employment and
55 job readiness skills.
A. 2609 7
1 3. A local social services official shall, pursuant to department
2 regulations developed in consultation with the department of education
3 and the department of social services or its successor agencies, use
4 designated trained staff or contract with providers having a demon-
5 strated effectiveness in performing assessments and developing [employa-
6 bility] career plans to perform assessments and develop [employability]
7 career plans.
8 5. A social services district shall assign participants to activities
9 pursuant to their [employability] career plans to the extent that
10 supportive services including transportation are available.
11 § 4. The social services law is amended by adding a new section 336-b
12 to read as follows:
13 § 336-b. Unsubsidized employment. To the extent possible, and to the
14 extent that sufficient resources are available, local social services
15 officials shall establish collaborative relationships with local employ-
16 ers in the private sector. Such collaborations shall provide a mechanism
17 to direct participants into unsubsidized employment opportunities paying
18 a sustainable living wage sufficient to meet basic needs including hous-
19 ing, food, clothing, energy, and transportation and are likely to offer
20 benefits, such as health insurance, sick leave and vacation leave.
21 Social services officials that have established such collaborations with
22 employers in the private sector shall work to inform participants of the
23 availability of unsubsidized employment opportunities with such employ-
24 ers. In no instance shall a participant who seeks to obtain unsubsidized
25 employment be assigned to activities described in paragraph (b), (c),
26 (d), or (g) of subdivision one of section three hundred thirty-six of
27 this title unless such work assignment is necessary to meet federally
28 mandated work participation rates.
29 § 5. This act shall take effect on the one hundred eightieth day after
30 it shall have become a law. Provided, however, that effective immediate-
31 ly, the addition, amendment and/or repeal of any rule or regulation
32 necessary for the implementation of this act on its effective date are
33 authorized and directed to be made and completed on or before the effec-
34 tive date of this act.
