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. 12, March 20, 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.
(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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