S T A T E O F N E W Y O R K
________________________________________________________________________
11409
I N A S S E M B L Y
June 10, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Wright) --
read once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to clarifying
conciliation procedures in cases when the recipient of public assist-
ance programs refuses to comply with employment program requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 341 of the social services law, as amended by
section 148 of part B of chapter 436 of the laws of 1997, subdivision 1
as amended by section 1 of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
S 341. Conciliation; refusal to participate. 1. (a) Consistent with
federal law and regulations and this title AND THE DISTRICT HAS DETER-
MINED THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI-
FIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR
DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL, if a
participant has failed or refused to comply with the requirements of
this title, the social services district shall issue a notice in plain
language indicating that such failure or refusal has taken place and of
the right of such participant to [conciliation to resolve] AVOID A PRO-
RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS BY AGREEING TO COMPLY WITH
THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL CONDITION
WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN WORK ACTIV-
ITIES, BY NOTIFYING THE DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM
THE REQUIREMENTS OF THIS TITLE, OR BY RESOLVING the reasons for such
failure or refusal [to avoid a pro-rata reduction in public assistance
benefits for a period of time set forth in section three hundred forty-
two of this title] AT CONCILIATION. The notice shall indicate the
specific instance or instances of willful refusal or failure 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 AND SHALL VERIFY THAT APPROPRIATE CHILD CARE, TRANS-
PORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE TIME OF
SUCH FAILURE OR REFUSAL. The notice shall indicate that the participant
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15778-02-0
A. 11409 2
has [seven] TEN days to AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE
BENEFITS BY EITHER AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES OR BY NOTIFYING THE
DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS
TITLE, OR TO request conciliation with the district regarding such fail-
ure or refusal [in the case of a safety net participant and ten days in
the case of a family assistance participant]. The notice shall also
include an explanation 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 that may
be provided at the conciliation conference to demonstrate such good
cause for failure to comply with the requirements of this title. If the
participant does not contact the district within the specified number of
days, the district shall [issue ten days notice of intent to discontinue
or reduce assistance,] MAKE A FINDING OF WHETHER THE ALLEGED FAILURE OR
REFUSAL TO COMPLY WAS WILLFUL AND WITHOUT GOOD CAUSE AND SHALL CONSIDER
ANY EVIDENCE IN THE POSSESSION OF THE DISTRICT INDICATING THAT THE
PARTICIPANT HAS GOOD CAUSE AND IF THE PARTICIPANT IS OTHERWISE PARTIC-
IPATING IN WORK ACTIVITIES, THERE SHALL BE NO FINDING OF WILLFULNESS
WITHOUT GOOD CAUSE BASED ON A SINGLE APPOINTMENT OR INFRACTION. IF THE
DISTRICT DETERMINES THAT SUCH FAILURE OR REFUSAL WAS WILLFUL AND WITHOUT
GOOD CAUSE, THE DISTRICT SHALL NOTIFY SUCH PARTICIPANT IN WRITING, IN
PLAIN LANGUAGE AND IN A MANNER DISTINCT FROM ANY PREVIOUS NOTICE, BY
ISSUING TEN DAYS NOTICE OF ITS INTENT TO DISCONTINUE OR REDUCE ASSIST-
ANCE pursuant to regulations of the department. Such notice shall also
include a statement of the participant's right to a fair hearing relat-
ing to such discontinuance or reduction. If such participant contacts
the district within [seven] TEN days [in the case of a safety net
participant or within ten days in the case of a family assistance
participant] AND CHOOSES TO AVOID A PRO-RATA REDUCTION IN PUBLIC ASSIST-
ANCE BENEFITS BY RESOLVING THE REASONS FOR SUCH FAILURE OR REFUSAL AT
CONCILIATION, it will be the responsibility of the participant to give
reasons for such failure or refusal.
(b) Unless the district determines as a result of such conciliation
process that such failure or refusal was willful and was without good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, AND THAT THE
INDIVIDUAL IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE, the
district shall notify such participant in writing, in plain language and
in a manner distinct from any previous notice, by issuing ten days
notice of its intent to discontinue or reduce assistance. Such notice
shall include the reasons for such determination, the specific instance
or instances of willful refusal or failure to comply without good cause
with the requirements of this title, SHALL VERIFY THAT APPROPRIATE CHILD
CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT
THE TIME OF SUCH FAILURE OR REFUSAL, AND SPECIFY the necessary actions
that must be taken to avoid a pro-rata reduction in public assistance
benefits, INCLUDING AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE
DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS
TITLE and the right to a fair hearing relating to such discontinuance or
reduction. Unless extended by mutual agreement of the participant and
the district, conciliation shall terminate and a determination shall be
A. 11409 3
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.
2. (a) The department shall establish in regulation a conciliation
procedure for the resolution of disputes related to an individual's
participation in programs pursuant to this title.
(b) The district shall contract with an independent entity, approved
by the department, or shall use designated trained staff at the supervi-
sory level who have no direct responsibility for the participant's case
to mediate disputes in the conciliation conference. If no such supervi-
sory staff or independent entity is available, the district may desig-
nate another trained individual, who has no direct responsibility for
the participant's case to mediate disputes in the conciliation confer-
ence.
(c) If a participant's dispute cannot be resolved through such concil-
iation procedure, an opportunity for a fair hearing shall be provided.
No sanction relating to the subject dispute may be imposed during the
conciliation process.
3. 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 appro-
priate federal law and regulation and this title.
4. [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.
5.] (a) [To the extent that] CONSISTENT WITH federal law [requires]
AND REGULATIONS AND THIS TITLE, a social services district shall provide
to those [family assistance] participants whose failure to comply has
continued for [three months] THIRTY DAYS 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 speci-
fied in subdivision [three] ONE 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 employ-
ment and that any subsequent sanction after six months have elapsed may
be terminated by participating in the program or accepting employment.
(b) 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.] EITHER AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE
DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS
TITLE.
[6.] 5. Consistent with federal law and regulation AND THIS TITLE, no
NOTICE SHALL BE ISSUED AS SPECIFIED IN SUBDIVISION ONE OR TWO OF THIS
SECTION UNLESS IT HAS BEEN DETERMINED THAT THE INDIVIDUAL IS NOT EXEMPT
FROM THE REQUIREMENTS OF THIS TITLE AND HAS DETERMINED THAT APPROPRIATE
CHILD CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN
PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL TO COMPLY WITH THE REQUIRE-
MENTS OF THIS TITLE AND NO action shall be taken pursuant to this
section for failure to participate in the program or refusal to accept
employment if:
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(a) 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;
(b) (1) the employment would result in the family of the participant
experiencing a net loss of 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;
(2) 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
(c) the participant meets other grounds for good cause set forth by
the department in its implementation plan for this title which, at a
minimum, must describe what circumstances beyond the household's control
will constitute "good cause".
S 2. Section 342 of the social services law, as added by section 148
of part B of chapter 436 of the laws of 1997, is amended to read as
follows:
S 342. Noncompliance with the requirements of this title. 1. In
accordance with the provisions of this section an individual who is
required to participate in work activities shall be ineligible to
receive public assistance if he or she fails to comply, without good
cause, with the requirements of this title AND THE DISTRICT HAS DETER-
MINED THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI-
FIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR
DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. Such
ineligibility shall be for the amount and [periods] PERIOD specified in
this section. Good cause for failing to comply with the requirements of
this title shall be defined in department regulations, provided, howev-
er, that the parent or caretaker relative of a child under thirteen
years of age shall not be subject to the ineligibility provisions of
this section if the individual can demonstrate, in accordance with the
regulations of the office of children and family services department,
that lack of available child care prevents such individual from comply-
ing with the work requirements of this title. The parent or caretaker
relative shall be responsible for locating the child care needed to meet
the work requirements; provided, however, that the relevant social
services district shall provide a parent or caretaker relative who
demonstrates an inability to obtain needed child care with a choice of
two providers, at least one of which will be a regulated provider.
2. In the case of an applicant for or recipient of public assistance
WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF
THIS TITLE AND who is a parent or caretaker of a dependent child the
public assistance benefits otherwise available to the household of which
such individual is a member shall be reduced pro-rata[:
(a) for the first instance of failure to comply without good cause
with the requirement of this article], until the individual is willing
to comply WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY
MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTIC-
IPATE IN WORK ACTIVITIES[;
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(b) for the second instance of failure to comply without good cause
with the requirements of this article, for a period of three months and
thereafter until the individual is willing to comply;
(c) for the third and all subsequent instances of failure to comply
without good cause with the requirements of this article, for a period
of six months and thereafter until the individual is willing to comply].
3. In the case of an individual who is a member of a household without
dependent children WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM
THE REQUIREMENTS OF THIS TITLE AND WHO IS applying for or in receipt of
safety net assistance the public assistance benefits otherwise available
to the household of which such individual is a member shall be reduced
pro-rata[:
(a) for the first such failure or refusal], until the failure or
refusal TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH
ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO
PARTICIPATE IN WORK ACTIVITIES ceases [or ninety days, which ever period
of time is longer;
(b) for the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
(c) for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of time
is longer].
4. A recipient of public assistance WHOM THE DISTRICT HAS DETERMINED
IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND who quits or
reduces his hours of employment without good cause OR DUE TO ANY MEDICAL
CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN
WORK ACTIVITIES shall be considered to have failed to comply with the
requirements of this article and shall be subject to the provisions of
this section.
5. A person described in paragraph (b) of subdivision seven of section
one hundred fifty-nine of this chapter may not be sanctioned if his or
her failure to comply with requirements of this title are related to
his or her health status.
S 3. This act shall take effect immediately.