N.Y. Social Services Law Section 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 § 335 (Assessments and employability plans for certain recipients in households with dependent children)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.

Source: Section 335-A — Assessments and employability plans for certain recipients in households without dependent children, https://www.­nysenate.­gov/legislation/laws/SOS/335-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 335-A’s source at nysenate​.gov

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