Assembly Bill A1682

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1682

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. WRIGHT, GLICK, MILLMAN, JOHN, JAFFEE -- Multi-
  Sponsored by -- M. of A.   BRENNAN, CAMARA,  HOOPER,  MAGEE,  McENENY,
  PHEFFER,  ROBINSON, SWEENEY -- read once and referred to the Committee
  on Social Services

AN ACT to amend the social services law, in relation to  public  assist-
  ance employment programs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 330 of the social services law, as
amended by section 148 of part B of chapter 436 of  the  laws  of  1997,
paragraphs  a  and  b as amended by section 2 of part C of chapter 57 of
the laws of 2005, is amended to read as follows:
  1. Whenever used in this title:
  a. the term "commissioner" means the commissioner of the state  office
of temporary and disability assistance; [and]
  b. the term "department" means the state office of temporary and disa-
bility assistance; AND
  C.  THE  TERM  "SUSTAINABLE LIVING WAGE" MEANS A WAGE THAT IS AT LEAST
ONE HUNDRED EIGHTY-FIVE PERCENT OF  THE  FEDERAL  POVERTY  LEVEL  FOR  A
HOUSEHOLD  THAT  CONSISTS  OF  FOUR  PERSONS AND THAT TAKES INTO ACCOUNT
COSTS RELATED TO EMPLOYMENT SUCH AS  FEDERAL,  STATE  AND  LOCAL  TAXES,
CHILD  CARE, HEALTH CARE, FOOD AND SHELTER COSTS FOR A PARTICULAR SOCIAL
SERVICES DISTRICT.
  S 2. Subdivisions 1, 2, 4 and 5 of section 335 of the social  services
law,  subdivision  1  as  amended by chapter 214 of the laws of 1998 and
subdivisions 2, 4 and 5 as amended by section 148 of part B  of  chapter
436 of the laws of 1997, are amended to read as follows:
  1.  Each  social services official shall ensure that each recipient of
public assistance who is a member of a household with dependent children
and is eighteen years of age or older, or who is  sixteen  or  seventeen

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00417-01-9

A. 1682                             2

years of age and is not attending secondary school and has not completed
high school or a high school equivalency program, receives an assessment
[of  employability]  AND  A  CAREER PLAN based on his or her educational
level, including literacy and English language proficiency, basic skills
proficiency, child care and other supportive services needs; and skills,
prior  work  experience,  training  and vocational interests. THE SOCIAL
SERVICES OFFICIAL SHALL FURTHER ENSURE THAT SUCH ASSESSMENT  INCLUDES  A
COMPREHENSIVE REVIEW OF THE SPECIFIC EMPLOYMENT-RELATED SKILLS AND ABIL-
ITIES  OF  EACH  PUBLIC ASSISTANCE RECIPIENT. THIS ASSESSMENT SHALL ALSO
IDENTIFY SPECIFIC BARRIERS, SUCH AS ACCESS TO CHILD CARE AND TRANSPORTA-
TION, UNSAFE OR UNSTABLE HOUSING CONDITIONS, THE  NEED  TO  CARE  FOR  A
DISABLED  FAMILY  MEMBER,  SUBSTANCE  ABUSE OR PHYSICAL OR MENTAL HEALTH
CONDITIONS, OR DOMESTIC VIOLENCE ISSUES THAT MAY MAKE IT DIFFICULT FOR A
PUBLIC ASSISTANCE RECIPIENT TO OBTAIN OR MAINTAIN PERMANENT UNSUBSIDIZED
EMPLOYMENT. This assessment shall include a  review  of  family  circum-
stances including a review of any special needs of a child. Such assess-
ment  shall  be  completed  within ninety days of the date on which such
person is determined eligible for public assistance. An applicant for or
recipient of public assistance may be assigned to work activities  prior
to completion of such assessment. HOWEVER, IN NO INSTANCE SHALL A PUBLIC
ASSISTANCE  RECIPIENT  BE  ASSIGNED TO ACTIVITIES DESCRIBED IN PARAGRAPH
(B), (C), (D), OR (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED  THIR-
TY-SIX OF THIS TITLE WITHOUT CONSIDERATION OF LOCALLY AVAILABLE UNSUBSI-
DIZED EMPLOYMENT OPPORTUNITIES.
  2.  (a)  Based  on  the assessment required by subdivision one of this
section, the social services official, in consultation with the  partic-
ipant,  shall  develop [an employability] A CAREER plan in writing which
shall set forth the  services  that  will  be  provided  by  the  social
services  official,  including  but  not limited to child care and other
services and the activities in which the  participant  will  take  part,
including  child  care and other services and shall set forth an employ-
ment goal for the participant. TO THE EXTENT POSSIBLE, SUCH CAREER  PLAN
SHALL  INCLUDE AN EMPHASIS UPON DEVELOPING THE PARTICIPANT'S CAPACITY TO
OBTAIN UNSUBSIDIZED EMPLOYMENT, WITH SUBSTANTIAL OPPORTUNITY FOR  INCRE-
MENTAL  CAREER  ADVANCEMENTS  AND  SALARY INCREASES. THE SOCIAL SERVICES
OFFICIAL SHALL PROVIDE THE PARTICIPANT WITH  INFORMATION  PERTAINING  TO
NEW  YORK  STATE WORKFORCE AND INDUSTRY DATA PUBLISHED BY THE DEPARTMENT
OF LABOR WHEN DEVELOPING THE CAREER PLAN. TO THE EXTENT  POSSIBLE,  SUCH
INFORMATION  SHALL  INCLUDE  A QUARTERLY UPDATED LISTING OF LOCAL INDUS-
TRIES WITH RECENT JOB GAINS. SUCH INFORMATION SHALL ALSO EMPHASIZE LOCAL
EMPLOYMENT OPPORTUNITIES AVAILABLE  PAYING  A  SUSTAINABLE  LIVING  WAGE
SUFFICIENT  TO MEET BASIC NEEDS INCLUDING HOUSING, FOOD, CLOTHING, ENER-
GY, AND TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS, SUCH AS  HEALTH
INSURANCE,  SICK LEAVE AND VACATION LEAVE, OR THOSE MADE AVAILABLE UNDER
SECTION THREE HUNDRED THIRTY-SIX-B OF THIS TITLE.
  To the extent possible, the [employability] CAREER plan shall  reflect
the  preferences  of the participant in a manner that is consistent with
the results of the participant's assessment and the need of  the  social
services  district to meet federal and state work activity participation
requirements, and, if  such  preferences  cannot  be  accommodated,  the
reasons  shall  be  specified  in  the  [employability] CAREER plan. The
[employability] CAREER plan shall also take  into  account  the  partic-
ipant's  supportive  services  needs, available program resources, local
employment opportunities, and where  the  social  services  official  is
considering an educational activity assignment for such participant, the
participant's  liability  for  student  loans,  grants  and  scholarship

A. 1682                             3

awards. The [employability]  CAREER  plan  shall  be  explained  to  the
participant  AND  WRITTEN  IN  PLAIN  LANGUAGE IN COLLABORATION WITH THE
PARTICIPANT.   Any change to the  participant's  [employability]  CAREER
plan  required  by  the social services official shall be discussed with
the participant and shall be documented in writing.
  (b) Where an assessment  indicates  that  a  participant  who  is  not
subject  to  the  education  requirements of subdivision four of section
three hundred thirty-six-a of this title has not attained a basic liter-
acy level, the social services official shall encourage and may  require
the  participant  to  enter  a program to achieve basic literacy or high
school equivalency or to enter such educational programs in  combination
with  other  training  activities  consistent  with  the [employability]
CAREER plan.
  (C) THE CAREER PLAN THAT IS DEVELOPED FOR EACH PARTICIPANT  SHALL,  TO
THE  EXTENT  POSSIBLE,  INCLUDE  AN  EMPLOYMENT GOAL DIRECTLY RELATED TO
UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES  AVAILABLE  PAYING  A  SUSTAINABLE
LIVING  WAGE  SUFFICIENT  TO  MEET  BASIC NEEDS INCLUDING HOUSING, FOOD,
CLOTHING, ENERGY, AND TRANSPORTATION AND ARE LIKELY TO  OFFER  BENEFITS,
SUCH  AS  HEALTH INSURANCE, SICK LEAVE AND VACATION LEAVE, OR THOSE MADE
AVAILABLE UNDER SECTION THREE HUNDRED THIRTY-SIX-B OF THIS  TITLE,  WITH
SUBSTANTIAL  OPPORTUNITY  FOR INCREMENTAL CAREER ADVANCEMENTS AND SALARY
INCREASES. IN INSTANCES WHERE THE PARTICIPANT'S ASSESSMENT  INDICATES  A
NEED  FOR  ADDITIONAL  EDUCATION, TRAINING OR WORK EXPERIENCE TO IMPROVE
HIS OR HER WORK SKILLS AND QUALIFICATIONS FOR  UNSUBSIDIZED  EMPLOYMENT,
THE  CAREER PLAN SHALL SET FORTH THE SPECIFIC PROGRAMS AND SERVICES THAT
WILL BE MADE AVAILABLE TO THE PARTICIPANT FOR THE PURPOSES OF  OBTAINING
ADDITIONAL  EMPLOYMENT  AND  JOB  READINESS SKILLS. IF THE PARTICIPANT'S
CAREER PLAN INCLUDES AN IMMEDIATE ASSIGNMENT TO ACTIVITIES DESCRIBED  IN
PARAGRAPH  (B),  (C),  (D),  OR  (G) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED THIRTY-SIX OF THIS TITLE,  THEN  THE  PLAN  SHALL  INDICATE  THE
SPECIFIC  EMPLOYMENT-RELATED  SKILLS  THAT  THE PARTICIPANT SHALL OBTAIN
THROUGH PARTICIPATION IN THE ASSIGNED WORK  ACTIVITY.  THE  CAREER  PLAN
SHALL  PREFERABLY  INCLUDE ASSIGNMENT TO VOCATIONAL EDUCATIONAL TRAINING
DEFINED IN PARAGRAPH (H) OF SUBDIVISION ONE  OF  SECTION  THREE  HUNDRED
THIRTY-SIX  OF  THIS TITLE TO THE EXTENT THAT THE ASSESSMENT INDICATES A
NEED FOR SUCH TRAINING AND THAT  SUCH  TRAINING  IS  LOCALLY  AVAILABLE.
WHENEVER  PRACTICABLE,  THE  CAREER  PLAN SHALL ALSO INCLUDE A LONG-TERM
EMPLOYMENT GOAL DIRECTLY RELATED TO UNSUBSIDIZED EMPLOYMENT. NOTHING  IN
THIS  PARAGRAPH  SHALL  LIMIT THE STATE'S CAPACITY TO MEET THE MANDATORY
WORK REQUIREMENT AS SET FORTH IN SECTION THREE HUNDRED THIRTY-FIVE-B  OF
THIS  TITLE;  PROVIDED, HOWEVER EACH SOCIAL SERVICES DISTRICT IS AUTHOR-
IZED TO ASSIGN OR  EXTEND  A  RECIPIENT'S  PARTICIPATION  IN  VOCATIONAL
EDUCATIONAL  TRAINING  IF  THE  STATE IS ALREADY IN FULL COMPLIANCE WITH
FEDERALLY MANDATED WORK PARTICIPATION RATES.
  (D) THE SOCIAL SERVICES OFFICIAL SHALL ENSURE THAT THE CAREER PLAN  OF
EACH  PARTICIPANT IS COMPREHENSIVELY REVIEWED, IN CONSULTATION WITH SUCH
PARTICIPANT, AT REGULAR INTERVALS NO LESS OFTEN THAN EVERY TWELVE MONTHS
OR AT THE POINT OF REDETERMINATION OF ELIGIBILITY. SUCH REVIEW SHALL  BE
CONDUCTED  THROUGH  AN  IN-PERSON  INTERVIEW ONLY TO THE EXTENT THAT THE
APPOINTMENT SHALL NOT CONFLICT WITH  THE  PARTICIPANT'S  EMPLOYMENT  AND
ACADEMIC SCHEDULES. A PARTICIPANT WHO IS ENGAGED IN UNSUBSIDIZED EMPLOY-
MENT OR WHO IS A FULL-TIME NON-GRADUATE STUDENT SHALL RECEIVE THE OPTION
OF  CORRESPONDENCE WITH THE SOCIAL SERVICES OFFICIAL THROUGH THE REGULAR
MAIL OR TELEPHONE COMMUNICATION FOR THE PURPOSES OF REVIEWING THE CAREER
PLAN. THE REVIEW SHALL INCLUDE AN UPDATE OF THE  PARTICIPANT'S  SPECIFIC
EMPLOYMENT-RELATED SKILLS, INCLUDING ANY NEW SKILLS THAT THE PARTICIPANT

A. 1682                             4

HAS  OBTAINED  THROUGH  PARTICIPATION  IN A WORK OR TRAINING ACTIVITY OR
THROUGH PARTICIPATION IN BASIC  LITERACY,  HIGH  SCHOOL  EQUIVALENCY  OR
OTHER  HIGHER  EDUCATION PROGRAM. IF THE PARTICIPANT HAS BEEN ENGAGED IN
ACTIVITIES  DESCRIBED  IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE, THEN  THE  REVIEW
SHALL  ALSO  INCLUDE A CONSIDERATION OF UNSUBSIDIZED EMPLOYMENT OPPORTU-
NITIES CURRENTLY AVAILABLE THAT PAY A SUSTAINABLE LIVING WAGE SUFFICIENT
TO MEET BASIC NEEDS  INCLUDING  HOUSING,  FOOD,  CLOTHING,  ENERGY,  AND
TRANSPORTATION  AND  ARE LIKELY TO OFFER BENEFITS, SUCH AS HEALTH INSUR-
ANCE, SICK LEAVE AND VACATION  LEAVE,  OR  THOSE  MADE  AVAILABLE  UNDER
SECTION  THREE  HUNDRED  THIRTY-SIX-B  OF  THIS  TITLE, WITH SUBSTANTIAL
OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS AND SALARY INCREASES. IN
NO INSTANCE SHALL A PARTICIPANT BE ASSIGNED TO  CONTINUED  PARTICIPATION
IN  ACTIVITIES  DESCRIBED IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVI-
SION ONE OF SECTION THREE  HUNDRED  THIRTY-SIX  OF  THIS  TITLE  WITHOUT
CONSIDERATION  OF NEW LOCALLY AVAILABLE UNSUBSIDIZED EMPLOYMENT OPPORTU-
NITIES. IF THE SOCIAL SERVICES OFFICIAL DETERMINES, UPON REVIEW  OF  THE
CAREER  PLAN,  THAT THE  PARTICIPANT IS IN NEED OF ADDITIONAL EDUCATION,
TRAINING OR WORK EXPERIENCE TO IMPROVE HIS OR HER WORK SKILLS AND QUALI-
FICATIONS TO OBTAIN UNSUBSIDIZED EMPLOYMENT, THE CAREER PLAN  SHALL  SET
FORTH THE SPECIFIC PROGRAMS AND SERVICES THAT SHALL BE MADE AVAILABLE TO
THE  PARTICIPANT FOR THE PURPOSES OF OBTAINING ADDITIONAL EMPLOYMENT AND
JOB READINESS SKILLS.
  4. A local social services  official  shall,  pursuant  to  department
regulations  developed in consultation with the department of education,
and the department of social services  or  its  successor  agencies  use
designated  trained  staff  or  contract  with providers having a demon-
strated effectiveness in performing assessments and developing [employa-
bility] CAREER plans to perform assessments and develop  [employability]
CAREER plans.
  5.  A social services district shall assign participants to activities
pursuant to their [employability] CAREER plans to the extent that  child
care  is  guaranteed  and  other services as prescribed by section three
hundred thirty-two-a of this title and section  four  hundred  ten-u  of
this  chapter  are available.  The district shall provide information to
participants orally and in writing, as appropriate, regarding child care
and the methods of payment therefor. Such information  shall  be  suffi-
cient  for  participants  to  make  an informed decision regarding child
care.
  S 3. Subdivisions   1, 2, 3 and 5  of  section  335-a  of  the  social
services  law, as amended by section 148 of part B of chapter 436 of the
laws of 1997, are amended to read as follows:
  1. To the extent resources are available, the social services official
shall, within a reasonable period of time not to exceed one year follow-
ing application and not to the exclusion of the assessment  requirements
of  section  three hundred thirty-five of this title, conduct an assess-
ment [of employability] AND DEVELOP A CAREER PLAN based  on  the  educa-
tional level, including literacy and English language proficiency; basic
skills  proficiency;  supportive  services  needs; and the skills, prior
work experience, training and vocational interests of each  participant.
This  assessment  shall  include  a review of family circumstances.  THE
SOCIAL SERVICES OFFICIAL  SHALL  FURTHER  ENSURE  THAT  SUCH  ASSESSMENT
INCLUDES  A  COMPREHENSIVE  REVIEW  OF  THE  SPECIFIC EMPLOYMENT-RELATED
SKILLS AND ABILITIES OF EACH PARTICIPANT.  THIS  ASSESSMENT  SHALL  ALSO
IDENTIFY SPECIFIC BARRIERS, SUCH AS ACCESS TO CHILD CARE AND TRANSPORTA-
TION,  UNSAFE  OR  UNSTABLE  HOUSING  CONDITIONS, THE NEED TO CARE FOR A

A. 1682                             5

DISABLED FAMILY MEMBER, SUBSTANCE ABUSE OR  PHYSICAL  OR  MENTAL  HEALTH
CONDITIONS, OR DOMESTIC VIOLENCE ISSUES THAT MAY MAKE IT DIFFICULT FOR A
PARTICIPANT  TO OBTAIN OR MAINTAIN PERMANENT UNSUBSIDIZED EMPLOYMENT. IF
A  PARTICIPANT IS ASSIGNED TO WORK ACTIVITIES PRIOR TO THE COMPLETION OF
SUCH ASSESSMENT, SUCH PARTICIPANT SHALL IN NO INSTANCE  BE  ASSIGNED  TO
ACTIVITIES  DESCRIBED  IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE WITHOUT  CONSIDER-
ATION OF LOCALLY AVAILABLE UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES.
  2.  (a)  Based  on  the assessment required by subdivision one of this
section, the social services official, in consultation with the  partic-
ipant,  shall  develop [an employability] A CAREER plan in writing which
shall set forth the  services  that  will  be  provided  by  the  social
services  official and the activities in which the participant will take
part, including supportive services and shall set  forth  an  employment
goal  for  the  participant. A local social services district may assign
recipients in households without dependent children to any activity.  TO
THE  EXTENT  POSSIBLE,  SUCH  CAREER PLAN SHALL INCLUDE AN EMPHASIS UPON
DEVELOPING THE PARTICIPANT'S CAPACITY TO OBTAIN UNSUBSIDIZED EMPLOYMENT,
WITH SUBSTANTIAL OPPORTUNITY FOR  INCREMENTAL  CAREER  ADVANCEMENTS  AND
SALARY INCREASES. THE SOCIAL SERVICES OFFICIAL SHALL PROVIDE THE PARTIC-
IPANT WITH INFORMATION PERTAINING TO NEW YORK STATE WORKFORCE AND INDUS-
TRY DATA PUBLISHED BY THE DEPARTMENT OF LABOR WHEN DEVELOPING THE CAREER
PLAN. TO THE EXTENT POSSIBLE, SUCH INFORMATION SHALL INCLUDE A QUARTERLY
UPDATED LISTING OF LOCAL INDUSTRIES WITH RECENT JOB GAINS. SUCH INFORMA-
TION  SHALL  ALSO  EMPHASIZE  LOCAL  EMPLOYMENT  OPPORTUNITIES AVAILABLE
PAYING A SUSTAINABLE LIVING WAGE SUFFICIENT TO MEET BASIC NEEDS  INCLUD-
ING  HOUSING,  FOOD, CLOTHING, ENERGY, AND TRANSPORTATION AND ARE LIKELY
TO OFFER BENEFITS, SUCH AS HEALTH INSURANCE,  SICK  LEAVE  AND  VACATION
LEAVE,  OR THOSE MADE AVAILABLE UNDER SECTION THREE HUNDRED THIRTY-SIX-B
OF THIS TITLE. The [employability] CAREER  plan  also  shall  take  into
account  the  participant's supportive services needs, available program
resources, local employment opportunities, and where the social services
official is considering an  educational  activity  assignment  for  such
participant,  the  participant's liability for student loans, grants and
scholarship awards.  The [employability] CAREER plan shall be  explained
to  the  participant AND WRITTEN IN PLAIN LANGUAGE IN COLLABORATION WITH
THE PARTICIPANT.  Any change to the participant's [employability] CAREER
plan required by the social services official shall  be  discussed  with
the participant and shall be documented in writing.
  (b)  Where  an  assessment  indicates  that  a  participant who is not
subject to the education requirements of this title has not  attained  a
basic  literacy  level, the social services official shall encourage and
may require the participant to enter a program to achieve basic literacy
or high school equivalency or to  enter  such  educational  programs  in
combination with other training activities consistent with the [employa-
bility] CAREER plan.
  (C)  THE  CAREER PLAN THAT IS DEVELOPED FOR EACH PARTICIPANT SHALL, TO
THE EXTENT POSSIBLE, INCLUDE AN  EMPLOYMENT  GOAL  DIRECTLY  RELATED  TO
UNSUBSIDIZED  EMPLOYMENT  OPPORTUNITIES  AVAILABLE  PAYING A SUSTAINABLE
LIVING WAGE SUFFICIENT TO MEET  BASIC  NEEDS  INCLUDING  HOUSING,  FOOD,
CLOTHING,  ENERGY,  AND TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS,
SUCH AS HEALTH INSURANCE, SICK LEAVE AND VACATION LEAVE, OR  THOSE  MADE
AVAILABLE  UNDER  SECTION THREE HUNDRED THIRTY-SIX-B OF THIS TITLE, WITH
SUBSTANTIAL OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS  AND  SALARY
INCREASES.  IN  INSTANCES WHERE THE PARTICIPANT'S ASSESSMENT INDICATES A
NEED FOR ADDITIONAL EDUCATION, TRAINING OR WORK  EXPERIENCE  TO  IMPROVE

A. 1682                             6

HIS  OR  HER WORK SKILLS AND QUALIFICATIONS FOR UNSUBSIDIZED EMPLOYMENT,
THE CAREER PLAN SHALL SET FORTH THE SPECIFIC PROGRAMS AND SERVICES  THAT
WILL  BE MADE AVAILABLE TO THE PARTICIPANT FOR THE PURPOSES OF OBTAINING
ADDITIONAL  EMPLOYMENT  AND  JOB  READINESS SKILLS. IF THE PARTICIPANT'S
CAREER PLAN INCLUDES AN IMMEDIATE ASSIGNMENT TO ACTIVITIES DESCRIBED  IN
PARAGRAPH  (B),  (C),  (D),  OR  (G) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED THIRTY-SIX OF THIS TITLE,  THEN  THE  PLAN  SHALL  INDICATE  THE
SPECIFIC  EMPLOYMENT-RELATED  SKILLS  THAT  THE PARTICIPANT SHALL OBTAIN
THROUGH PARTICIPATION IN THE ASSIGNED WORK  ACTIVITY.  THE  CAREER  PLAN
SHALL  PREFERABLY  INCLUDE ASSIGNMENT TO VOCATIONAL EDUCATIONAL TRAINING
DEFINED IN PARAGRAPH (H) OF SUBDIVISION ONE  OF  SECTION  THREE  HUNDRED
THIRTY-SIX  OF  THIS TITLE TO THE EXTENT THAT THE ASSESSMENT INDICATES A
NEED FOR SUCH TRAINING AND THAT  SUCH  TRAINING  IS  LOCALLY  AVAILABLE.
WHEREVER  PRACTICABLE,  THE  CAREER  PLAN SHALL ALSO INCLUDE A LONG-TERM
EMPLOYMENT GOAL DIRECTLY RELATED TO UNSUBSIDIZED EMPLOYMENT.  NOTHING IN
THIS PARAGRAPH SHALL LIMIT THE STATE'S CAPACITY TO  MEET  THE  MANDATORY
WORK  REQUIREMENT AS SET FORTH IN SECTION THREE HUNDRED THIRTY-FIVE-B OF
THIS TITLE; PROVIDED, HOWEVER EACH SOCIAL SERVICES DISTRICT  IS  AUTHOR-
IZED  TO  ASSIGN  OR  EXTEND  A  RECIPIENT'S PARTICIPATION IN VOCATIONAL
EDUCATIONAL TRAINING IF THE STATE IS ALREADY  IN  FULL  COMPLIANCE  WITH
FEDERALLY MANDATED WORK PARTICIPATION RATES.
  (D)  THE SOCIAL SERVICES OFFICIAL SHALL ENSURE THAT THE CAREER PLAN OF
EACH PARTICIPANT IS COMPREHENSIVELY REVIEWED, IN CONSULTATION WITH  SUCH
PARTICIPANT, AT REGULAR INTERVALS NO LESS OFTEN THAN EVERY TWELVE MONTHS
OR  AT THE POINT OF REDETERMINATION OF ELIGIBILITY. SUCH REVIEW SHALL BE
CONDUCTED THROUGH AN IN-PERSON INTERVIEW ONLY TO  THE  EXTENT  THAT  THE
APPOINTMENT  SHALL  NOT  CONFLICT  WITH THE PARTICIPANT'S EMPLOYMENT AND
ACADEMIC SCHEDULES. A PARTICIPANT WHO IS ENGAGED IN UNSUBSIDIZED EMPLOY-
MENT OR WHO IS A FULL-TIME NON-GRADUATE STUDENT SHALL RECEIVE THE OPTION
OF CORRESPONDENCE WITH THE SOCIAL SERVICES OFFICIAL THROUGH THE  REGULAR
MAIL OR TELEPHONE COMMUNICATION FOR THE PURPOSES OF REVIEWING THE CAREER
PLAN.  THE  REVIEW SHALL INCLUDE AN UPDATE OF THE PARTICIPANT'S SPECIFIC
EMPLOYMENT-RELATED SKILLS, INCLUDING ANY NEW SKILLS THAT THE PARTICIPANT
HAS OBTAINED THROUGH PARTICIPATION IN A WORK  OR  TRAINING  ACTIVITY  OR
THROUGH  PARTICIPATION  IN  BASIC  LITERACY,  HIGH SCHOOL EQUIVALENCY OR
OTHER HIGHER EDUCATION PROGRAM. IF THE PARTICIPANT HAS BEEN  ENGAGED  IN
ACTIVITIES  DESCRIBED  IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE, THEN  THE  REVIEW
SHALL  ALSO  INCLUDE A CONSIDERATION OF UNSUBSIDIZED EMPLOYMENT OPPORTU-
NITIES CURRENTLY AVAILABLE PAYING A SUSTAINABLE LIVING  WAGE  SUFFICIENT
TO  MEET  BASIC  NEEDS  INCLUDING  HOUSING,  FOOD, CLOTHING, ENERGY, AND
TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS, SUCH AS  HEALTH  INSUR-
ANCE,  SICK  LEAVE  AND  VACATION  LEAVE,  OR THOSE MADE AVAILABLE UNDER
SECTION THREE HUNDRED  THIRTY-SIX-B  OF  THIS  TITLE,  WITH  SUBSTANTIAL
OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS AND SALARY INCREASES. IN
NO  INSTANCE  SHALL A PARTICIPANT BE ASSIGNED TO CONTINUED PARTICIPATION
IN ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C), (D), OR (G)  OF  SUBDIVI-
SION  ONE  OF  SECTION  THREE  HUNDRED  THIRTY-SIX OF THIS TITLE WITHOUT
CONSIDERATION OF NEW LOCALLY AVAILABLE UNSUBSIDIZED EMPLOYMENT  OPPORTU-
NITIES.  IF  THE SOCIAL SERVICES OFFICIAL DETERMINES, UPON REVIEW OF THE
CAREER PLAN, THAT THE PARTICIPANT IS IN NEED  OF  ADDITIONAL  EDUCATION,
TRAINING OR WORK EXPERIENCE TO IMPROVE HIS OR HER WORK SKILLS AND QUALI-
FICATIONS  TO  OBTAIN UNSUBSIDIZED EMPLOYMENT, THE CAREER PLAN SHALL SET
FORTH THE SPECIFIC PROGRAMS AND SERVICES THAT SHALL BE MADE AVAILABLE TO
THE PARTICIPANT FOR THE PURPOSES OF OBTAINING ADDITIONAL EMPLOYMENT  AND
JOB READINESS SKILLS.

A. 1682                             7

  3.  A  local  social  services  official shall, pursuant to department
regulations developed in consultation with the department  of  education
and  the  department  of  social services or its successor agencies, use
designated trained staff or contract  with  providers  having  a  demon-
strated effectiveness in performing assessments and developing [employa-
bility]  CAREER plans to perform assessments and develop [employability]
CAREER plans.
  5.  A social services district shall assign participants to activities
pursuant to their  [employability]  CAREER  plans  to  the  extent  that
supportive services including transportation are available.
  S  4. The social services law is amended by adding a new section 336-b
to read as follows:
  S 336-B. UNSUBSIDIZED EMPLOYMENT. TO THE EXTENT POSSIBLE, AND  TO  THE
EXTENT  THAT  SUFFICIENT  RESOURCES ARE AVAILABLE, LOCAL SOCIAL SERVICES
OFFICIALS SHALL ESTABLISH COLLABORATIVE RELATIONSHIPS WITH LOCAL EMPLOY-
ERS IN THE PRIVATE SECTOR. SUCH COLLABORATIONS SHALL PROVIDE A MECHANISM
TO DIRECT PARTICIPANTS INTO UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES PAYING
A SUSTAINABLE LIVING WAGE SUFFICIENT TO MEET BASIC NEEDS INCLUDING HOUS-
ING, FOOD, CLOTHING, ENERGY, AND TRANSPORTATION AND ARE LIKELY TO  OFFER
BENEFITS,  SUCH  AS  HEALTH  INSURANCE,  SICK  LEAVE AND VACATION LEAVE.
SOCIAL SERVICES OFFICIALS THAT HAVE ESTABLISHED SUCH COLLABORATIONS WITH
EMPLOYERS IN THE PRIVATE SECTOR SHALL WORK TO INFORM PARTICIPANTS OF THE
AVAILABILITY OF UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES WITH SUCH  EMPLOY-
ERS. IN NO INSTANCE SHALL A PARTICIPANT WHO SEEKS TO OBTAIN UNSUBSIDIZED
EMPLOYMENT  BE  ASSIGNED  TO ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C),
(D), OR (G) OF SUBDIVISION ONE OF SECTION THREE  HUNDRED  THIRTY-SIX  OF
THIS  TITLE  UNLESS  SUCH WORK ASSIGNMENT IS NECESSARY TO MEET FEDERALLY
MANDATED WORK PARTICIPATION RATES.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made and completed on or before the effec-
tive date of this act.