S T A T E O F N E W Y O R K ________________________________________________________________________ 2609 2011-2012 Regular Sessions I N A S S E M B L Y January 19, 2011 ___________ Introduced by M. of A. WRIGHT, GLICK, MILLMAN, 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: 1 Section 1. Subdivision 1 of section 330 of the social services law, as 2 amended by section 148 of part B of chapter 436 of the laws of 1997, 3 paragraphs a and b as amended by section 2 of part C of chapter 57 of 4 the laws of 2005, is amended to read as follows: 5 1. Whenever used in this title: 6 a. the term "commissioner" means the commissioner of the state office 7 of temporary and disability assistance; [and] 8 b. the term "department" means the state office of temporary and disa- 9 bility assistance; AND 10 C. THE TERM "SUSTAINABLE LIVING WAGE" MEANS A WAGE THAT IS AT LEAST 11 ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL FOR A 12 HOUSEHOLD THAT CONSISTS OF FOUR PERSONS AND THAT TAKES INTO ACCOUNT 13 COSTS RELATED TO EMPLOYMENT SUCH AS FEDERAL, STATE AND LOCAL TAXES, 14 CHILD CARE, HEALTH CARE, FOOD AND SHELTER COSTS FOR A PARTICULAR SOCIAL 15 SERVICES DISTRICT. 16 S 2. Subdivisions 1, 2, 4 and 5 of section 335 of the social services 17 law, subdivision 1 as amended by chapter 214 of the laws of 1998 and 18 subdivisions 2, 4 and 5 as amended by section 148 of part B of chapter 19 436 of the laws of 1997, are amended to read as follows: 20 1. Each social services official shall ensure that each recipient of 21 public assistance who is a member of a household with dependent children 22 and is eighteen years of age or older, or who is sixteen or seventeen 23 years of age and is not attending secondary school and has not completed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06246-01-1 A. 2609 2 1 high school or a high school equivalency program, receives an assessment 2 [of employability] AND A CAREER PLAN based on his or her educational 3 level, including literacy and English language proficiency, basic skills 4 proficiency, child care and other supportive services needs; and skills, 5 prior work experience, training and vocational interests. THE SOCIAL 6 SERVICES OFFICIAL SHALL FURTHER ENSURE THAT SUCH ASSESSMENT INCLUDES A 7 COMPREHENSIVE REVIEW OF THE SPECIFIC EMPLOYMENT-RELATED SKILLS AND ABIL- 8 ITIES OF EACH PUBLIC ASSISTANCE RECIPIENT. THIS ASSESSMENT SHALL ALSO 9 IDENTIFY SPECIFIC BARRIERS, SUCH AS ACCESS TO CHILD CARE AND TRANSPORTA- 10 TION, UNSAFE OR UNSTABLE HOUSING CONDITIONS, THE NEED TO CARE FOR A 11 DISABLED FAMILY MEMBER, SUBSTANCE ABUSE OR PHYSICAL OR MENTAL HEALTH 12 CONDITIONS, OR DOMESTIC VIOLENCE ISSUES THAT MAY MAKE IT DIFFICULT FOR A 13 PUBLIC ASSISTANCE RECIPIENT TO OBTAIN OR MAINTAIN PERMANENT UNSUBSIDIZED 14 EMPLOYMENT. This assessment shall include a review of family circum- 15 stances including a review of any special needs of a child. Such assess- 16 ment shall be completed within ninety days of the date on which such 17 person is determined eligible for public assistance. An applicant for or 18 recipient of public assistance may be assigned to work activities prior 19 to completion of such assessment. HOWEVER, IN NO INSTANCE SHALL A PUBLIC 20 ASSISTANCE RECIPIENT BE ASSIGNED TO ACTIVITIES DESCRIBED IN PARAGRAPH 21 (B), (C), (D), OR (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIR- 22 TY-SIX OF THIS TITLE WITHOUT CONSIDERATION OF LOCALLY AVAILABLE UNSUBSI- 23 DIZED EMPLOYMENT OPPORTUNITIES. 24 2. (a) Based on the assessment required by subdivision one of this 25 section, the social services official, in consultation with the partic- 26 ipant, shall develop [an employability] A CAREER plan in writing which 27 shall set forth the services that will be provided by the social 28 services official, including but not limited to child care and other 29 services and the activities in which the participant will take part, 30 including child care and other services and shall set forth an employ- 31 ment goal for the participant. TO THE EXTENT POSSIBLE, SUCH CAREER PLAN 32 SHALL INCLUDE AN EMPHASIS UPON DEVELOPING THE PARTICIPANT'S CAPACITY TO 33 OBTAIN UNSUBSIDIZED EMPLOYMENT, WITH SUBSTANTIAL OPPORTUNITY FOR INCRE- 34 MENTAL CAREER ADVANCEMENTS AND SALARY INCREASES. THE SOCIAL SERVICES 35 OFFICIAL SHALL PROVIDE THE PARTICIPANT WITH INFORMATION PERTAINING TO 36 NEW YORK STATE WORKFORCE AND INDUSTRY DATA PUBLISHED BY THE DEPARTMENT 37 OF LABOR WHEN DEVELOPING THE CAREER PLAN. TO THE EXTENT POSSIBLE, SUCH 38 INFORMATION SHALL INCLUDE A QUARTERLY UPDATED LISTING OF LOCAL INDUS- 39 TRIES WITH RECENT JOB GAINS. SUCH INFORMATION SHALL ALSO EMPHASIZE LOCAL 40 EMPLOYMENT OPPORTUNITIES AVAILABLE PAYING A SUSTAINABLE LIVING WAGE 41 SUFFICIENT TO MEET BASIC NEEDS INCLUDING HOUSING, FOOD, CLOTHING, ENER- 42 GY, AND TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS, SUCH AS HEALTH 43 INSURANCE, SICK LEAVE AND VACATION LEAVE, OR THOSE MADE AVAILABLE UNDER 44 SECTION THREE HUNDRED THIRTY-SIX-B OF THIS TITLE. 45 To the extent possible, the [employability] CAREER plan shall reflect 46 the preferences of the participant in a manner that is consistent with 47 the results of the participant's assessment and the need of the social 48 services district to meet federal and state work activity participation 49 requirements, and, if such preferences cannot be accommodated, the 50 reasons shall be specified in the [employability] CAREER plan. The 51 [employability] CAREER plan shall also take into account the partic- 52 ipant's supportive services needs, available program resources, local 53 employment opportunities, and where the social services official is 54 considering an educational activity assignment for such participant, the 55 participant's liability for student loans, grants and scholarship 56 awards. The [employability] CAREER plan shall be explained to the A. 2609 3 1 participant AND WRITTEN IN PLAIN LANGUAGE IN COLLABORATION WITH THE 2 PARTICIPANT. Any change to the participant's [employability] CAREER 3 plan required by the social services official shall be discussed with 4 the participant and shall be documented in writing. 5 (b) Where an assessment indicates that a participant who is not 6 subject to the education requirements of subdivision four of section 7 three hundred thirty-six-a of this title has not attained a basic liter- 8 acy level, the social services official shall encourage and may require 9 the participant to enter a program to achieve basic literacy or high 10 school equivalency or to enter such educational programs in combination 11 with other training activities consistent with the [employability] 12 CAREER plan. 13 (C) THE CAREER PLAN THAT IS DEVELOPED FOR EACH PARTICIPANT SHALL, TO 14 THE EXTENT POSSIBLE, INCLUDE AN EMPLOYMENT GOAL DIRECTLY RELATED TO 15 UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES AVAILABLE PAYING A SUSTAINABLE 16 LIVING WAGE SUFFICIENT TO MEET BASIC NEEDS INCLUDING HOUSING, FOOD, 17 CLOTHING, ENERGY, AND TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS, 18 SUCH AS HEALTH INSURANCE, SICK LEAVE AND VACATION LEAVE, OR THOSE MADE 19 AVAILABLE UNDER SECTION THREE HUNDRED THIRTY-SIX-B OF THIS TITLE, WITH 20 SUBSTANTIAL OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS AND SALARY 21 INCREASES. IN INSTANCES WHERE THE PARTICIPANT'S ASSESSMENT INDICATES A 22 NEED FOR ADDITIONAL EDUCATION, TRAINING OR WORK EXPERIENCE TO IMPROVE 23 HIS OR HER WORK SKILLS AND QUALIFICATIONS FOR UNSUBSIDIZED EMPLOYMENT, 24 THE CAREER PLAN SHALL SET FORTH THE SPECIFIC PROGRAMS AND SERVICES THAT 25 WILL BE MADE AVAILABLE TO THE PARTICIPANT FOR THE PURPOSES OF OBTAINING 26 ADDITIONAL EMPLOYMENT AND JOB READINESS SKILLS. IF THE PARTICIPANT'S 27 CAREER PLAN INCLUDES AN IMMEDIATE ASSIGNMENT TO ACTIVITIES DESCRIBED IN 28 PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION ONE OF SECTION THREE 29 HUNDRED THIRTY-SIX OF THIS TITLE, THEN THE PLAN SHALL INDICATE THE 30 SPECIFIC EMPLOYMENT-RELATED SKILLS THAT THE PARTICIPANT SHALL OBTAIN 31 THROUGH PARTICIPATION IN THE ASSIGNED WORK ACTIVITY. THE CAREER PLAN 32 SHALL PREFERABLY INCLUDE ASSIGNMENT TO VOCATIONAL EDUCATIONAL TRAINING 33 DEFINED IN PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION THREE HUNDRED 34 THIRTY-SIX OF THIS TITLE TO THE EXTENT THAT THE ASSESSMENT INDICATES A 35 NEED FOR SUCH TRAINING AND THAT SUCH TRAINING IS LOCALLY AVAILABLE. 36 WHENEVER PRACTICABLE, THE CAREER PLAN SHALL ALSO INCLUDE A LONG-TERM 37 EMPLOYMENT GOAL DIRECTLY RELATED TO UNSUBSIDIZED EMPLOYMENT. NOTHING IN 38 THIS PARAGRAPH SHALL LIMIT THE STATE'S CAPACITY TO MEET THE MANDATORY 39 WORK REQUIREMENT AS SET FORTH IN SECTION THREE HUNDRED THIRTY-FIVE-B OF 40 THIS TITLE; PROVIDED, HOWEVER EACH SOCIAL SERVICES DISTRICT IS AUTHOR- 41 IZED TO ASSIGN OR EXTEND A RECIPIENT'S PARTICIPATION IN VOCATIONAL 42 EDUCATIONAL TRAINING IF THE STATE IS ALREADY IN FULL COMPLIANCE WITH 43 FEDERALLY MANDATED WORK PARTICIPATION RATES. 44 (D) THE SOCIAL SERVICES OFFICIAL SHALL ENSURE THAT THE CAREER PLAN OF 45 EACH PARTICIPANT IS COMPREHENSIVELY REVIEWED, IN CONSULTATION WITH SUCH 46 PARTICIPANT, AT REGULAR INTERVALS NO LESS OFTEN THAN EVERY TWELVE MONTHS 47 OR AT THE POINT OF REDETERMINATION OF ELIGIBILITY. SUCH REVIEW SHALL BE 48 CONDUCTED THROUGH AN IN-PERSON INTERVIEW ONLY TO THE EXTENT THAT THE 49 APPOINTMENT SHALL NOT CONFLICT WITH THE PARTICIPANT'S EMPLOYMENT AND 50 ACADEMIC SCHEDULES. A PARTICIPANT WHO IS ENGAGED IN UNSUBSIDIZED EMPLOY- 51 MENT OR WHO IS A FULL-TIME NON-GRADUATE STUDENT SHALL RECEIVE THE OPTION 52 OF CORRESPONDENCE WITH THE SOCIAL SERVICES OFFICIAL THROUGH THE REGULAR 53 MAIL OR TELEPHONE COMMUNICATION FOR THE PURPOSES OF REVIEWING THE CAREER 54 PLAN. THE REVIEW SHALL INCLUDE AN UPDATE OF THE PARTICIPANT'S SPECIFIC 55 EMPLOYMENT-RELATED SKILLS, INCLUDING ANY NEW SKILLS THAT THE PARTICIPANT 56 HAS OBTAINED THROUGH PARTICIPATION IN A WORK OR TRAINING ACTIVITY OR A. 2609 4 1 THROUGH PARTICIPATION IN BASIC LITERACY, HIGH SCHOOL EQUIVALENCY OR 2 OTHER HIGHER EDUCATION PROGRAM. IF THE PARTICIPANT HAS BEEN ENGAGED IN 3 ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION 4 ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE, THEN THE REVIEW 5 SHALL ALSO INCLUDE A CONSIDERATION OF UNSUBSIDIZED EMPLOYMENT OPPORTU- 6 NITIES CURRENTLY AVAILABLE THAT PAY A SUSTAINABLE LIVING WAGE SUFFICIENT 7 TO MEET BASIC NEEDS INCLUDING HOUSING, FOOD, CLOTHING, ENERGY, AND 8 TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS, SUCH AS HEALTH INSUR- 9 ANCE, SICK LEAVE AND VACATION LEAVE, OR THOSE MADE AVAILABLE UNDER 10 SECTION THREE HUNDRED THIRTY-SIX-B OF THIS TITLE, WITH SUBSTANTIAL 11 OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS AND SALARY INCREASES. IN 12 NO INSTANCE SHALL A PARTICIPANT BE ASSIGNED TO CONTINUED PARTICIPATION 13 IN ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVI- 14 SION ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE WITHOUT 15 CONSIDERATION OF NEW LOCALLY AVAILABLE UNSUBSIDIZED EMPLOYMENT OPPORTU- 16 NITIES. IF THE SOCIAL SERVICES OFFICIAL DETERMINES, UPON REVIEW OF THE 17 CAREER PLAN, THAT THE PARTICIPANT IS IN NEED OF ADDITIONAL EDUCATION, 18 TRAINING OR WORK EXPERIENCE TO IMPROVE HIS OR HER WORK SKILLS AND QUALI- 19 FICATIONS TO OBTAIN UNSUBSIDIZED EMPLOYMENT, THE CAREER PLAN SHALL SET 20 FORTH THE SPECIFIC PROGRAMS AND SERVICES THAT SHALL BE MADE AVAILABLE TO 21 THE PARTICIPANT FOR THE PURPOSES OF OBTAINING ADDITIONAL EMPLOYMENT AND 22 JOB READINESS SKILLS. 23 4. A local social services official shall, pursuant to department 24 regulations developed in consultation with the department of education, 25 and the department of social services or its successor agencies use 26 designated trained staff or contract with providers having a demon- 27 strated effectiveness in performing assessments and developing [employa- 28 bility] CAREER plans to perform assessments and develop [employability] 29 CAREER plans. 30 5. A social services district shall assign participants to activities 31 pursuant to their [employability] CAREER plans to the extent that child 32 care is guaranteed and other services as prescribed by section three 33 hundred thirty-two-a of this title and section four hundred ten-u of 34 this chapter are available. The district shall provide information to 35 participants orally and in writing, as appropriate, regarding child care 36 and the methods of payment therefor. Such information shall be suffi- 37 cient for participants to make an informed decision regarding child 38 care. 39 S 3. Subdivisions 1, 2, 3 and 5 of section 335-a of the social 40 services law, as amended by section 148 of part B of chapter 436 of the 41 laws of 1997, are amended to read as follows: 42 1. To the extent resources are available, the social services official 43 shall, within a reasonable period of time not to exceed one year follow- 44 ing application and not to the exclusion of the assessment requirements 45 of section three hundred thirty-five of this title, conduct an assess- 46 ment [of employability] AND DEVELOP A CAREER PLAN based on the educa- 47 tional level, including literacy and English language proficiency; basic 48 skills proficiency; supportive services needs; and the skills, prior 49 work experience, training and vocational interests of each participant. 50 This assessment shall include a review of family circumstances. THE 51 SOCIAL SERVICES OFFICIAL SHALL FURTHER ENSURE THAT SUCH ASSESSMENT 52 INCLUDES A COMPREHENSIVE REVIEW OF THE SPECIFIC EMPLOYMENT-RELATED 53 SKILLS AND ABILITIES OF EACH PARTICIPANT. THIS ASSESSMENT SHALL ALSO 54 IDENTIFY SPECIFIC BARRIERS, SUCH AS ACCESS TO CHILD CARE AND TRANSPORTA- 55 TION, UNSAFE OR UNSTABLE HOUSING CONDITIONS, THE NEED TO CARE FOR A 56 DISABLED FAMILY MEMBER, SUBSTANCE ABUSE OR PHYSICAL OR MENTAL HEALTH A. 2609 5 1 CONDITIONS, OR DOMESTIC VIOLENCE ISSUES THAT MAY MAKE IT DIFFICULT FOR A 2 PARTICIPANT TO OBTAIN OR MAINTAIN PERMANENT UNSUBSIDIZED EMPLOYMENT. IF 3 A PARTICIPANT IS ASSIGNED TO WORK ACTIVITIES PRIOR TO THE COMPLETION OF 4 SUCH ASSESSMENT, SUCH PARTICIPANT SHALL IN NO INSTANCE BE ASSIGNED TO 5 ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION 6 ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE WITHOUT CONSIDER- 7 ATION OF LOCALLY AVAILABLE UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES. 8 2. (a) Based on the assessment required by subdivision one of this 9 section, the social services official, in consultation with the partic- 10 ipant, shall develop [an employability] A CAREER plan in writing which 11 shall set forth the services that will be provided by the social 12 services official and the activities in which the participant will take 13 part, including supportive services and shall set forth an employment 14 goal for the participant. A local social services district may assign 15 recipients in households without dependent children to any activity. TO 16 THE EXTENT POSSIBLE, SUCH CAREER PLAN SHALL INCLUDE AN EMPHASIS UPON 17 DEVELOPING THE PARTICIPANT'S CAPACITY TO OBTAIN UNSUBSIDIZED EMPLOYMENT, 18 WITH SUBSTANTIAL OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS AND 19 SALARY INCREASES. THE SOCIAL SERVICES OFFICIAL SHALL PROVIDE THE PARTIC- 20 IPANT WITH INFORMATION PERTAINING TO NEW YORK STATE WORKFORCE AND INDUS- 21 TRY DATA PUBLISHED BY THE DEPARTMENT OF LABOR WHEN DEVELOPING THE CAREER 22 PLAN. TO THE EXTENT POSSIBLE, SUCH INFORMATION SHALL INCLUDE A QUARTERLY 23 UPDATED LISTING OF LOCAL INDUSTRIES WITH RECENT JOB GAINS. SUCH INFORMA- 24 TION SHALL ALSO EMPHASIZE LOCAL EMPLOYMENT OPPORTUNITIES AVAILABLE 25 PAYING A SUSTAINABLE LIVING WAGE SUFFICIENT TO MEET BASIC NEEDS INCLUD- 26 ING HOUSING, FOOD, CLOTHING, ENERGY, AND TRANSPORTATION AND ARE LIKELY 27 TO OFFER BENEFITS, SUCH AS HEALTH INSURANCE, SICK LEAVE AND VACATION 28 LEAVE, OR THOSE MADE AVAILABLE UNDER SECTION THREE HUNDRED THIRTY-SIX-B 29 OF THIS TITLE. The [employability] CAREER plan also shall take into 30 account the participant's supportive services needs, available program 31 resources, local employment opportunities, and where the social services 32 official is considering an educational activity assignment for such 33 participant, the participant's liability for student loans, grants and 34 scholarship awards. The [employability] CAREER plan shall be explained 35 to the participant AND WRITTEN IN PLAIN LANGUAGE IN COLLABORATION WITH 36 THE PARTICIPANT. Any change to the participant's [employability] CAREER 37 plan required by the social services official shall be discussed with 38 the participant and shall be documented in writing. 39 (b) Where an assessment indicates that a participant who is not 40 subject to the education requirements of this title has not attained a 41 basic literacy level, the social services official shall encourage and 42 may require the participant to enter a program to achieve basic literacy 43 or high school equivalency or to enter such educational programs in 44 combination with other training activities consistent with the [employa- 45 bility] CAREER plan. 46 (C) THE CAREER PLAN THAT IS DEVELOPED FOR EACH PARTICIPANT SHALL, TO 47 THE EXTENT POSSIBLE, INCLUDE AN EMPLOYMENT GOAL DIRECTLY RELATED TO 48 UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES AVAILABLE PAYING A SUSTAINABLE 49 LIVING WAGE SUFFICIENT TO MEET BASIC NEEDS INCLUDING HOUSING, FOOD, 50 CLOTHING, ENERGY, AND TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS, 51 SUCH AS HEALTH INSURANCE, SICK LEAVE AND VACATION LEAVE, OR THOSE MADE 52 AVAILABLE UNDER SECTION THREE HUNDRED THIRTY-SIX-B OF THIS TITLE, WITH 53 SUBSTANTIAL OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS AND SALARY 54 INCREASES. IN INSTANCES WHERE THE PARTICIPANT'S ASSESSMENT INDICATES A 55 NEED FOR ADDITIONAL EDUCATION, TRAINING OR WORK EXPERIENCE TO IMPROVE 56 HIS OR HER WORK SKILLS AND QUALIFICATIONS FOR UNSUBSIDIZED EMPLOYMENT, A. 2609 6 1 THE CAREER PLAN SHALL SET FORTH THE SPECIFIC PROGRAMS AND SERVICES THAT 2 WILL BE MADE AVAILABLE TO THE PARTICIPANT FOR THE PURPOSES OF OBTAINING 3 ADDITIONAL EMPLOYMENT AND JOB READINESS SKILLS. IF THE PARTICIPANT'S 4 CAREER PLAN INCLUDES AN IMMEDIATE ASSIGNMENT TO ACTIVITIES DESCRIBED IN 5 PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION ONE OF SECTION THREE 6 HUNDRED THIRTY-SIX OF THIS TITLE, THEN THE PLAN SHALL INDICATE THE 7 SPECIFIC EMPLOYMENT-RELATED SKILLS THAT THE PARTICIPANT SHALL OBTAIN 8 THROUGH PARTICIPATION IN THE ASSIGNED WORK ACTIVITY. THE CAREER PLAN 9 SHALL PREFERABLY INCLUDE ASSIGNMENT TO VOCATIONAL EDUCATIONAL TRAINING 10 DEFINED IN PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION THREE HUNDRED 11 THIRTY-SIX OF THIS TITLE TO THE EXTENT THAT THE ASSESSMENT INDICATES A 12 NEED FOR SUCH TRAINING AND THAT SUCH TRAINING IS LOCALLY AVAILABLE. 13 WHEREVER PRACTICABLE, THE CAREER PLAN SHALL ALSO INCLUDE A LONG-TERM 14 EMPLOYMENT GOAL DIRECTLY RELATED TO UNSUBSIDIZED EMPLOYMENT. NOTHING IN 15 THIS PARAGRAPH SHALL LIMIT THE STATE'S CAPACITY TO MEET THE MANDATORY 16 WORK REQUIREMENT AS SET FORTH IN SECTION THREE HUNDRED THIRTY-FIVE-B OF 17 THIS TITLE; PROVIDED, HOWEVER EACH SOCIAL SERVICES DISTRICT IS AUTHOR- 18 IZED TO ASSIGN OR EXTEND A RECIPIENT'S PARTICIPATION IN VOCATIONAL 19 EDUCATIONAL TRAINING IF THE STATE IS ALREADY IN FULL COMPLIANCE WITH 20 FEDERALLY MANDATED WORK PARTICIPATION RATES. 21 (D) THE SOCIAL SERVICES OFFICIAL SHALL ENSURE THAT THE CAREER PLAN OF 22 EACH PARTICIPANT IS COMPREHENSIVELY REVIEWED, IN CONSULTATION WITH SUCH 23 PARTICIPANT, AT REGULAR INTERVALS NO LESS OFTEN THAN EVERY TWELVE MONTHS 24 OR AT THE POINT OF REDETERMINATION OF ELIGIBILITY. SUCH REVIEW SHALL BE 25 CONDUCTED THROUGH AN IN-PERSON INTERVIEW ONLY TO THE EXTENT THAT THE 26 APPOINTMENT SHALL NOT CONFLICT WITH THE PARTICIPANT'S EMPLOYMENT AND 27 ACADEMIC SCHEDULES. A PARTICIPANT WHO IS ENGAGED IN UNSUBSIDIZED EMPLOY- 28 MENT OR WHO IS A FULL-TIME NON-GRADUATE STUDENT SHALL RECEIVE THE OPTION 29 OF CORRESPONDENCE WITH THE SOCIAL SERVICES OFFICIAL THROUGH THE REGULAR 30 MAIL OR TELEPHONE COMMUNICATION FOR THE PURPOSES OF REVIEWING THE CAREER 31 PLAN. THE REVIEW SHALL INCLUDE AN UPDATE OF THE PARTICIPANT'S SPECIFIC 32 EMPLOYMENT-RELATED SKILLS, INCLUDING ANY NEW SKILLS THAT THE PARTICIPANT 33 HAS OBTAINED THROUGH PARTICIPATION IN A WORK OR TRAINING ACTIVITY OR 34 THROUGH PARTICIPATION IN BASIC LITERACY, HIGH SCHOOL EQUIVALENCY OR 35 OTHER HIGHER EDUCATION PROGRAM. IF THE PARTICIPANT HAS BEEN ENGAGED IN 36 ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVISION 37 ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE, THEN THE REVIEW 38 SHALL ALSO INCLUDE A CONSIDERATION OF UNSUBSIDIZED EMPLOYMENT OPPORTU- 39 NITIES CURRENTLY AVAILABLE PAYING A SUSTAINABLE LIVING WAGE SUFFICIENT 40 TO MEET BASIC NEEDS INCLUDING HOUSING, FOOD, CLOTHING, ENERGY, AND 41 TRANSPORTATION AND ARE LIKELY TO OFFER BENEFITS, SUCH AS HEALTH INSUR- 42 ANCE, SICK LEAVE AND VACATION LEAVE, OR THOSE MADE AVAILABLE UNDER 43 SECTION THREE HUNDRED THIRTY-SIX-B OF THIS TITLE, WITH SUBSTANTIAL 44 OPPORTUNITY FOR INCREMENTAL CAREER ADVANCEMENTS AND SALARY INCREASES. IN 45 NO INSTANCE SHALL A PARTICIPANT BE ASSIGNED TO CONTINUED PARTICIPATION 46 IN ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C), (D), OR (G) OF SUBDIVI- 47 SION ONE OF SECTION THREE HUNDRED THIRTY-SIX OF THIS TITLE WITHOUT 48 CONSIDERATION OF NEW LOCALLY AVAILABLE UNSUBSIDIZED EMPLOYMENT OPPORTU- 49 NITIES. IF THE SOCIAL SERVICES OFFICIAL DETERMINES, UPON REVIEW OF THE 50 CAREER PLAN, THAT THE PARTICIPANT IS IN NEED OF ADDITIONAL EDUCATION, 51 TRAINING OR WORK EXPERIENCE TO IMPROVE HIS OR HER WORK SKILLS AND QUALI- 52 FICATIONS TO OBTAIN UNSUBSIDIZED EMPLOYMENT, THE CAREER PLAN SHALL SET 53 FORTH THE SPECIFIC PROGRAMS AND SERVICES THAT SHALL BE MADE AVAILABLE TO 54 THE PARTICIPANT FOR THE PURPOSES OF OBTAINING ADDITIONAL EMPLOYMENT AND 55 JOB READINESS SKILLS. A. 2609 7 1 3. A local social services official shall, pursuant to department 2 regulations developed in consultation with the department of education 3 and the department of social services or its successor agencies, use 4 designated trained staff or contract with providers having a demon- 5 strated effectiveness in performing assessments and developing [employa- 6 bility] CAREER plans to perform assessments and develop [employability] 7 CAREER plans. 8 5. A social services district shall assign participants to activities 9 pursuant to their [employability] CAREER plans to the extent that 10 supportive services including transportation are available. 11 S 4. The social services law is amended by adding a new section 336-b 12 to read as follows: 13 S 336-B. UNSUBSIDIZED EMPLOYMENT. TO THE EXTENT POSSIBLE, AND TO THE 14 EXTENT THAT SUFFICIENT RESOURCES ARE AVAILABLE, LOCAL SOCIAL SERVICES 15 OFFICIALS SHALL ESTABLISH COLLABORATIVE RELATIONSHIPS WITH LOCAL EMPLOY- 16 ERS IN THE PRIVATE SECTOR. SUCH COLLABORATIONS SHALL PROVIDE A MECHANISM 17 TO DIRECT PARTICIPANTS INTO UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES PAYING 18 A SUSTAINABLE LIVING WAGE SUFFICIENT TO MEET BASIC NEEDS INCLUDING HOUS- 19 ING, FOOD, CLOTHING, ENERGY, AND TRANSPORTATION AND ARE LIKELY TO OFFER 20 BENEFITS, SUCH AS HEALTH INSURANCE, SICK LEAVE AND VACATION LEAVE. 21 SOCIAL SERVICES OFFICIALS THAT HAVE ESTABLISHED SUCH COLLABORATIONS WITH 22 EMPLOYERS IN THE PRIVATE SECTOR SHALL WORK TO INFORM PARTICIPANTS OF THE 23 AVAILABILITY OF UNSUBSIDIZED EMPLOYMENT OPPORTUNITIES WITH SUCH EMPLOY- 24 ERS. IN NO INSTANCE SHALL A PARTICIPANT WHO SEEKS TO OBTAIN UNSUBSIDIZED 25 EMPLOYMENT BE ASSIGNED TO ACTIVITIES DESCRIBED IN PARAGRAPH (B), (C), 26 (D), OR (G) OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-SIX OF 27 THIS TITLE UNLESS SUCH WORK ASSIGNMENT IS NECESSARY TO MEET FEDERALLY 28 MANDATED WORK PARTICIPATION RATES. 29 S 5. This act shall take effect on the one hundred eightieth day after 30 it shall have become a law. Provided, however, that effective immediate- 31 ly, the addition, amendment and/or repeal of any rule or regulation 32 necessary for the implementation of this act on its effective date are 33 authorized and directed to be made and completed on or before the effec- 34 tive date of this act.