N.Y. Comp. Codes R. & Regs. Tit. 18 § 385.6 - Assessments and employability plans for households with dependent children

(a) Assessments.

(1) The social services official shall ensure that an employability assessment is provided for each public assistance recipient who is a member of a household with dependent children and is:

(i) 18 years or older; or

(ii) 16 or 17 years of age and not attending secondary school and has not completed high school or an equivalency program.

(2) Such assessment shall include, but not be limited to, a review of the individual's:

(i) education level, including literacy and English language proficiency;

(ii) basic skills proficiency;

(iii) child care and other supportive services needs;

(iv) skills and prior work experience;

(v) prior participation in education and training;

(vi) training and vocational interests;

(vii) family circumstances, including the special needs of a child; and

(viii) eligibility for locally-available prenatal, infant and early childhood home visiting services.

(3) The assessment shall be completed within 90 days of the date such recipient is determined to be eligible for public assistance pursuant to Part 351 of this Title.

(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 the 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 public assistance applicant household.

(ii) A recipient who fails to comply with assessment requirements shall be subject to the provisions of sections 385.11 385.12 of this Part.

(9) Where an assessment indicates that home visiting services would be appropriate and beneficial to the recipient, and such services are available, the social services official shall encourage the recipient to participate in such services. To the extent that such participant is interested in receiving home visiting services, the social services official shall assign the participant to a work activity in accordance with paragraph (6) or (13) of subdivision (a) of section 385.9 of this Part, where such home visiting services shall count towards the individual's work requirement hours.

(b) Employability plan.

(1)

(i) 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:

(a) the services which the district will provide, including child care;

(b) the work activities to which the recipient will be assigned; and

(c) the recipient's employment goal, which shall reflect, to the extent possible, the recipient's preferences to the extent they are consistent with the assessment.

(ii) In developing the plan, the social services official shall take into account:

(a) the recipient's supportive services needs;

(b) the available program opportunities;

(c) the local employment opportunities; and

(d) 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

(e) the recipient's participation in prior education and training activities.

(2) Notwithstanding the requirements of paragraph (1) of this subdivision, the social services official must consider the need of the social services district to meet Federal and State work activity participation rates before completing an individual's employability plan.

(3) If a recipient's preferences cannot be accommodated in the employability plan, the plan shall record the reasons.

(4) The plan shall be explained to the recipient.

(5) Any change to the plan shall be discussed with the recipient and documented in writing.

(6) 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 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) Child care. Assignments to work activities made pursuant to an employability plan can be made to the extent that child care is available in accordance with the provisions of this Part and Part 415 of this Title. The social services official shall provide information to the applicant or recipient either orally or in writing, as appropriate, regarding child care and methods of payment for such care.

(e) Social services officials may provide assessments which are more detailed and comprehensive than required by this section.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 18 § 385.6

Amended New York State Register September 4, 2024/Volume XLVI, Issue 36, eff. 9/4/2024