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
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 385.7
Current through Register Vol. 46, No. 39, September 25, 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.
(b) Employability plan.
(1) Based upon the assessment required pursuant
to this section, an employability plan shall be developed in writing and in
consultation with the recipient, which shall set forth:
(i) services that will be provided, including
supportive services;
(ii) work
activities to which the individual will be assigned; and
(iii) the individual's employment
goal.
(2) The plan shall
take into account the individual's:
(i)
supportive service needs;
(ii)
available program resources;
(iii)
local employment opportunities;
(iv)
if the recipient is assigned to an education program, the appropriateness of the
educational activity based on the assessment completed pursuant to subdivision
(a) of this section and the recipient's liability for student loans, grants and
scholarship awards; and
(v) the
recipient's participation in prior education and training activities.
(3) Notwithstanding the requirements
of paragraph (2) of this subdivision, in developing an employability plan for an
individual the social services official must consider the need of the social
services district to meet State work activity participation rates before
completing an individual's employability plan.
(4) Participation in an educational and/or
vocational training program, that includes but is not limited to, a two-year
post-secondary degree program, which is necessary for the participant to attain
their individual employment goal and is likely to lead to a degree or 7
certification and sustained employment, shall be approved consistent with such
individual's assessment and employability plan to the extent that such approval
does not jeopardize the State's ability to comply with federal work participation
rates.
(c) The social services official shall use designated trained staff or providers with demonstrated effectiveness in assessment and employability development to prepare the assessments and plans required by this section.
(d) Social services officials may provide assessments which are more detailed and comprehensive than required by this section.
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