N.Y. Comp. Codes R. & Regs. tit. 18 § 385.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 385.7 - Assessments and employability plans for households without dependent children

(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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 385.7

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