S T A T E O F N E W Y O R K
________________________________________________________________________
7091
I N S E N A T E
April 25, 2014
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to additional
options for local social services districts to implement effective
welfare-to-work programs; and to repeal certain provisions of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Purpose. The legislature hereby finds that it is in the
public interest to assist public assistance recipients to obtain job
training or work experience as a means of enhancing their ability to
obtain employment, thereby increasing their financial independence and
self-sufficiency and improving their standard of living. By providing
local social services districts with additional flexibility and more
options for the administration of the welfare-to-work program, local
social services districts will be able to intervene and seek concil-
iation quickly in the event that a public assistance recipient fails to
attend or participate in designated training or work experience, thereby
maximizing the opportunity for the recipient to successfully participate
in these programs. In the event an able-bodied public assistance recipi-
ent refuses to participate in these programs without good cause, local
social services districts would have the option to quickly schedule a
fair hearing, thus minimizing the cost to taxpayers for recipients who
are unwilling to participate without good cause.
S 2. Section 341 of the social services law is REPEALED and a new
section 341 is added to read as follows:
S 341. CONCILIATION; REFUSAL TO PARTICIPATE. 1. CONSISTENT WITH
FEDERAL LAW AND REGULATIONS AND THIS TITLE, IF A PARTICIPANT HAS FAILED
OR REFUSED TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE, THE SOCIAL
SERVICES DISTRICT SHALL NOTIFY THE PARTICIPANT, VERBALLY OR IN WRITING,
IN PLAIN LANGUAGE THAT SUCH FAILURE OR REFUSAL HAS TAKEN PLACE, THE
SPECIFIC INSTANCE OR INSTANCES OF REFUSAL OR FAILURE TO COMPLY, AND THE
NECESSARY ACTIONS THAT MUST BE TAKEN TO AVOID A PRO-RATA REDUCTION IN
PUBLIC ASSISTANCE BENEFITS. THE NOTICE SHALL ALSO INCLUDE AN EXPLANATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14078-01-4
S. 7091 2
IN PLAIN LANGUAGE OF WHAT WOULD CONSTITUTE GOOD CAUSE FOR NON-COMPLIANCE
AND EXAMPLES OF ACCEPTABLE FORMS OF EVIDENCE THAT MAY WARRANT AN
EXEMPTION FROM WORK ACTIVITIES, INCLUDING EVIDENCE OF DOMESTIC VIOLENCE,
AND PHYSICAL OR MENTAL HEALTH LIMITATIONS TO DEMONSTRATE SUCH GOOD CAUSE
FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE. IF THE
NOTIFICATION WAS VERBAL, THE SOCIAL SERVICES DISTRICT SHALL PROMPTLY
SEND THE PARTICIPANT WRITTEN CONFIRMATION THEREOF.
2. (A) THE SOCIAL SERVICES DISTRICT MAY ENGAGE IN CONCILIATION EFFORTS
WITH THE PARTICIPANT TO RESOLVE THE REASONS FOR ANY FAILURE OR REFUSAL
OF THE PARTICIPANT TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE AND TO
ENABLE THE PARTICIPANT TO AVOID A PRO-RATA REDUCTION IN PUBLIC ASSIST-
ANCE BENEFITS FOR A PERIOD OF TIME SET FORTH IN SECTION THREE HUNDRED
FORTY-TWO OF THIS TITLE. IF THE SOCIAL SERVICES DISTRICT DETERMINES AS A
RESULT OF SUCH CONCILIATION PROCESS THAT SUCH FAILURE OR REFUSAL WAS NOT
WILLFUL AND WAS FOR GOOD CAUSE, NO FURTHER ACTION SHALL BE TAKEN.
(B) AT THE OPTION OF THE SOCIAL SERVICES DISTRICT, THE CONCILIATION
EFFORT MAY BE UNDERTAKEN AT THE SAME TIME AS THE VERBAL NOTICE OF
NONCOMPLIANCE. IT WILL BE THE RESPONSIBILITY OF THE PARTICIPANT TO GIVE
REASONS FOR SUCH FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF
THIS TITLE.
(C) IF THE CONCILIATION EFFORT WAS NOT UNDERTAKEN AT THE SAME TIME AS
THE VERBAL NOTICE OF NONCOMPLIANCE OR IN THE EVENT THE NOTICE OF NONCOM-
PLIANCE WAS IN WRITING, THEN THE SOCIAL SERVICES DISTRICT MUST PROVIDE
THE PARTICIPANT WITH WRITTEN NOTICE THAT THE PARTICIPANT HAS SEVEN DAYS
TO REQUEST CONCILIATION WITH THE DISTRICT REGARDING SUCH FAILURE OR
REFUSAL IN THE CASE OF A SAFETY NET PARTICIPANT AND TEN DAYS IN THE CASE
OF A FAMILY ASSISTANCE PARTICIPANT. IF SUCH PARTICIPANT CONTACTS THE
SOCIAL SERVICES DISTRICT WITHIN SEVEN DAYS IN THE CASE OF A SAFETY NET
PARTICIPANT OR WITHIN TEN DAYS IN THE CASE OF A FAMILY ASSISTANCE
PARTICIPANT, IT WILL BE THE RESPONSIBILITY OF THE PARTICIPANT TO GIVE
REASONS FOR SUCH FAILURE OR REFUSAL. UNLESS EXTENDED BY MUTUAL AGREEMENT
OF THE PARTICIPANT AND THE SOCIAL SERVICES DISTRICT, CONCILIATION SHALL
TERMINATE AND A DETERMINATION SHALL BE MADE WITHIN FOURTEEN DAYS OF THE
DATE A REQUEST FOR CONCILIATION IS MADE IN THE CASE OF A SAFETY NET
PARTICIPANT OR WITHIN THIRTY DAYS OF THE CONCILIATION NOTICE IN THE CASE
OF A FAMILY ASSISTANCE PARTICIPANT.
3. (A) THE DEPARTMENT SHALL ESTABLISH IN REGULATIONS A CONCILIATION
PROCEDURE FOR THE RESOLUTION OF DISPUTES RELATED TO AN INDIVIDUAL'S
PARTICIPATION IN PROGRAMS PURSUANT TO THIS TITLE.
(B) THE SOCIAL SERVICES DISTRICT SHALL CONTRACT WITH AN INDEPENDENT
ENTITY, APPROVED BY THE DEPARTMENT, OR SHALL USE DESIGNATED TRAINED
STAFF AT THE SUPERVISORY LEVEL WHO HAVE NO DIRECT RESPONSIBILITY FOR THE
PARTICIPANT'S CASE TO MEDIATE DISPUTES IN THE CONCILIATION CONFERENCE.
IF NO SUCH SUPERVISORY STAFF OR INDEPENDENT ENTITY IS AVAILABLE, THE
SOCIAL SERVICES DISTRICT MAY DESIGNATE ANOTHER TRAINED INDIVIDUAL, WHO
HAS NO DIRECT RESPONSIBILITY FOR THE PARTICIPANT'S CASE TO MEDIATE
DISPUTES IN THE CONCILIATION CONFERENCE.
(C) IF A PARTICIPANT'S DISPUTE CANNOT BE RESOLVED THROUGH SUCH CONCIL-
IATION PROCEDURE, A FAIR HEARING OR AN OPPORTUNITY FOR A FAIR HEARING
SHALL BE PROVIDED, AS SET FORTH IN THIS SECTION. NO SANCTION RELATING TO
THE SUBJECT DISPUTE MAY BE IMPOSED DURING THE CONCILIATION PROCESS.
4. IF THE SOCIAL SERVICES DISTRICT DETERMINES AS THE RESULT OF SUCH
CONCILIATION PROCESS THAT SUCH FAILURE OR REFUSAL WAS WILLFUL AND WITH-
OUT GOOD CAUSE, OR IN THE EVENT THAT THE PARTICIPANT DOES NOT CONTACT
THE SOCIAL SERVICES DISTRICT WITHIN THE SPECIFIED NUMBER OF DAYS AND
REQUEST CONCILIATION, THEN THE DISTRICT SHALL PROVIDE THE PARTICIPANT
S. 7091 3
WITH A TEN DAY WRITTEN NOTICE, IN PLAIN LANGUAGE AND IN A MANNER
DISTINCT FROM ANY PREVIOUS NOTICE, OF ITS INTENT TO DISCONTINUE OR
REDUCE ASSISTANCE. SUCH NOTICE SHALL INCLUDE THE REASONS FOR SUCH DETER-
MINATION, THE SPECIFIC INSTANCE OR INSTANCES OF WILLFUL REFUSAL OR FAIL-
URE TO COMPLY WITHOUT GOOD CAUSE WITH THE REQUIREMENTS OF THIS TITLE,
AND THE NECESSARY ACTIONS THAT MUST BE TAKEN TO AVOID A PRO-RATA
REDUCTION IN PUBLIC ASSISTANCE BENEFITS PURSUANT TO REGULATIONS OF THE
DEPARTMENT. SUCH NOTICE SHALL ALSO EITHER (A) SCHEDULE A FAIR HEARING
RELATING TO SUCH DISCONTINUANCE OR REDUCTION ON AT LEAST TEN DAYS
NOTICE, OR (B) INCLUDE A STATEMENT OF THE PARTICIPANT'S RIGHT TO REQUEST
A FAIR HEARING PRIOR TO THE EXPIRATION OF SUCH TEN DAY NOTICE RELATING
TO SUCH DISCONTINUANCE OR REDUCTION.
5. (A) WHEN ANY FAMILY ASSISTANCE PARTICIPANT REQUIRED TO PARTICIPATE
IN WORK ACTIVITIES FAILS TO COMPLY WITH THE PROVISIONS OF THIS TITLE,
THE SOCIAL SERVICES DISTRICT SHALL TAKE SUCH ACTIONS AS PRESCRIBED BY
APPROPRIATE FEDERAL LAW AND REGULATION AND THIS TITLE.
(B) WHEN ANY SAFETY NET PARTICIPANT REQUIRED TO PARTICIPATE IN WORK
ACTIVITIES FAILS TO COMPLY WITH THE PROVISIONS OF THIS TITLE, THE SOCIAL
SERVICES DISTRICT SHALL DENY ASSISTANCE TO SUCH PARTICIPANT IN ACCORD-
ANCE WITH SECTION THREE HUNDRED FORTY-TWO OF THIS TITLE.
(C) TO THE EXTENT THAT FEDERAL LAW REQUIRES, A SOCIAL SERVICES
DISTRICT SHALL PROVIDE TO THOSE FAMILY ASSISTANCE PARTICIPANTS WHOSE
FAILURE TO COMPLY HAS CONTINUED FOR THREE MONTHS OR LONGER A WRITTEN
REMINDER OF THE OPTION TO END A SANCTION AFTER THE EXPIRATION OF THE
APPLICABLE MINIMUM SANCTION PERIOD BY TERMINATING THE FAILURE TO COMPLY
AS SPECIFIED IN SUBDIVISION THREE OF THIS SECTION. SUCH NOTICE SHALL
ADVISE THAT THE PARTICIPANT MAY IMMEDIATELY TERMINATE THE FIRST OR
SECOND SANCTION BY PARTICIPATING IN THE PROGRAM OR ACCEPTING EMPLOYMENT
AND THAT ANY SUBSEQUENT SANCTION AFTER SIX MONTHS HAVE ELAPSED MAY BE
TERMINATED BY PARTICIPATING IN THE PROGRAM OR ACCEPTING EMPLOYMENT.
(D) A SOCIAL SERVICES DISTRICT SHALL PROVIDE TO THOSE SAFETY NET
PARTICIPANTS WHOSE FAILURE TO COMPLY HAS CONTINUED FOR THE LENGTH OF THE
SANCTION PERIOD OR LONGER A WRITTEN REMINDER OF THE OPTION TO END A
SANCTION AFTER THE EXPIRATION OF THE APPLICABLE MINIMUM SANCTION PERIOD
BY TERMINATING THE FAILURE TO COMPLY AS SPECIFIED IN SUBDIVISION FOUR OF
THIS SECTION.
(E) CONSISTENT WITH FEDERAL LAW AND REGULATION, NO ACTION SHALL BE
TAKEN PURSUANT TO THIS SECTION FOR FAILURE TO PARTICIPATE IN THE PROGRAM
OR REFUSAL TO ACCEPT EMPLOYMENT IF:
(I) CHILD CARE FOR A CHILD UNDER AGE THIRTEEN (OR DAY CARE FOR ANY
INCAPACITATED INDIVIDUAL LIVING IN THE SAME HOME AS A DEPENDENT CHILD)
IS NECESSARY FOR AN INDIVIDUAL TO PARTICIPATE OR CONTINUE PARTICIPATION
IN ACTIVITIES PURSUANT TO THIS TITLE OR ACCEPT EMPLOYMENT AND SUCH CARE
IS NOT AVAILABLE AND THE SOCIAL SERVICES DISTRICT FAILS TO PROVIDE SUCH
CARE;
(II) THE EMPLOYMENT WOULD RESULT IN THE FAMILY OF THE PARTICIPANT
EXPERIENCING A NET LOSS OF SUCH CASH INCOME; PROVIDED, HOWEVER, A
PARTICIPANT MAY NOT CLAIM GOOD CAUSE UNDER THIS PARAGRAPH IF THE SOCIAL
SERVICES DISTRICT ASSURES THAT THE FAMILY WILL NOT EXPERIENCE A NET LOSS
OF CASH INCOME BY MAKING A SUPPLEMENTAL PAYMENT; NET LOSS OF CASH INCOME
RESULTS IF THE FAMILY'S GROSS INCOME LESS NECESSARY WORK-RELATED
EXPENSES IS LESS THAN THE CASH ASSISTANCE THE PARTICIPANT WAS RECEIVING
AT THE TIME THE OFFER OF EMPLOYMENT IS MADE; OR
(III) THE PARTICIPANT MEETS OTHER GROUNDS FOR GOOD CAUSE SET FORTH BY
THE DEPARTMENT IN ITS IMPLEMENTATION PLAN FOR THIS TITLE WHICH, AT A
S. 7091 4
MINIMUM, MUST DESCRIBE WHAT CIRCUMSTANCES BEYOND THE HOUSEHOLD'S CONTROL
WILL CONSTITUTE "GOOD CAUSE".
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.