N.Y. Soc. Serv. Law § 335

§ 335. Assessments and employability plans for certain recipients in\nhouseholds with dependent children. 1. Each social services official\nshall ensure that each recipient of public assistance who is a member of\na household with dependent children and is eighteen years of age or\nolder, or who is sixteen or seventeen years of age and is not attending\nsecondary school and has not completed high school or a high school\nequivalency program, receives an assessment of employability based on\nhis or her educational level, including literacy and English language\nproficiency, basic skills proficiency, child care and other supportive\nservices needs; and skills, prior work experience, training and\nvocational interests. This assessment shall include a review of family\ncircumstances including a review of any special needs of a child and\nwhether home visiting services would be appropriate and beneficial for\nthe family. Such assessment shall be completed within ninety days of the\ndate on which such person is determined eligible for public assistance.\nAn applicant for or recipient of public assistance may be assigned to\nwork activities prior to completion of such assessment.\n 2. (a) Based on the assessment required by subdivision one of this\nsection, the social services official, in consultation with the\nparticipant, shall develop an employability plan in writing which shall\nset forth the services that will be provided by the social services\nofficial, including but not limited to child care and other services and\nthe activities in which the participant will take part, including child\ncare and other services and shall set forth an employment goal for the\nparticipant. To the extent possible, the employability plan shall\nreflect the preferences of the participant in a manner that is\nconsistent with the results of the participant's assessment and the need\nof the social services district to meet federal and state work activity\nparticipation requirements, and, if such preferences cannot be\naccommodated, the reasons shall be specified in the employability plan.\nThe employability plan shall also take into account the participant's\nsupportive services needs, available program resources, local employment\nopportunities, and where the social services official is considering an\neducational activity assignment for such participant, the participant's\nliability for student loans, grants and scholarship awards. The\nemployability plan shall be explained to the participant. Any change to\nthe participant's employability plan required by the social services\nofficial shall be discussed with the participant and shall be documented\nin writing.\n (b) Where an assessment indicates that a participant who is not\nsubject to the education requirements of subdivision four of section\nthree hundred thirty-six-a of this title has not attained a basic\nliteracy level, the social services official shall encourage and may\nrequire the participant to enter a program to achieve basic literacy or\nhigh school equivalency or to enter such educational programs in\ncombination with other training activities consistent with the\nemployability plan.\n (c) Where an assessment indicates that home visiting services would be\nappropriate and beneficial to the public assistance household, and such\nservices are available, the local social services official shall\nencourage the recipient to participate in such services. To the extent\nthat such participant is interested in receiving home visiting services,\nthe local social services official shall assign the participant to a\nwork activity in accordance with paragraph (f) or (m) of subdivision one\nof section three hundred thirty-six of this title, where such home\nvisiting services shall count towards the individual's work requirements\nas set forth in section three hundred thirty-five-b of this title.\n 3. Each applicant for or recipient of public assistance as described\nherein must participate in an assessment as required by the social\nservices district in accordance with the conditions of this section.\nApplicants who fail or refuse to participate with the requirements of\nthis section shall be ineligible for public assistance. Recipients who\nfail or refuse to participate with the requirements of this section\nshall be subject to the sanctions set forth in section three hundred\nforty-two of this title.\n 4. A local social services official shall, pursuant to department\nregulations developed in consultation with the department of education,\nand the department of social services or its successor agencies use\ndesignated trained staff or contract with providers having a\ndemonstrated effectiveness in performing assessments and developing\nemployability plans to perform assessments and develop employability\nplans.\n 5. A social services district shall assign participants to activities\npursuant to their employability plans to the extent that child care is\nguaranteed and other services as prescribed by section three hundred\nthirty-two-a of this title and section four hundred ten-u of this\nchapter are available. The district shall provide information to\nparticipants orally and in writing, as appropriate, regarding child care\nand the methods of payment therefor. Such information shall be\nsufficient for participants to make an informed decision regarding child\ncare.\n 6. Nothing in this section shall be construed to prevent a social\nservices official from providing an assessment more detailed or\ncomprehensive than the requirements set forth in this section.\n