S T A T E   O F   N E W   Y O R K
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                                  6125

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2009
                               ___________

Introduced by M. of A. KAVANAGH, LIFTON -- read once and referred to the
  Committee on Social Services

AN  ACT  to  amend  The  Welfare  Reform  Act  of  1997,  in relation to
  collection of data relating to applicants for and recipients of public
  assistance programs

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

  Section  1.  Subdivisions  1 and 2 of section 149 of part B of chapter
436 of the laws of 1997, constituting The Welfare Reform  Act  of  1997,
are amended to read as follows:
  1.  The department of social services or [its] successor agencies [and
the], THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF CHIL-
DREN AND FAMILY SERVICES, department of labor,  AND  THE  DEPARTMENT  OF
HEALTH  shall collect data related to the operation of public assistance
programs including, but not limited to, information that must be submit-
ted to the department of health  and  human  services  pursuant  to  the
personal  responsibility  and  work  opportunities reconciliation act of
1996 (P.L. 104-193) and any other provision of federal or state  law  or
regulations  governing  programs  administered  under  title iv-a of the
social security act or the social services law.   [Social] LOCAL  SOCIAL
services districts shall assist each agency in accumulating such data in
accordance  with instructions from the appropriate agency.  FOR PURPOSES
OF DATA COLLECTION INVOLVING THE NUMBER OF EMPLOYED PERSONS,  "EMPLOYED"
SHALL  MEAN  EARNING  ONE  HUNDRED  FIFTY PERCENT OF THE FEDERAL POVERTY
LEVEL.
  2. Each agency shall make reasonable efforts to collect  and  maintain
the  data  required pursuant to this subdivision.  Data collection shall
begin as soon as practicable,  but  in  no  case  later  than  upon  the
completion  of  the  redesign  of  the welfare management system and the
completion of a welfare-to-work caseload management system.  The respon-
sible agency shall collect the data related to applicants and recipients

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05009-02-9
              

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of public assistance  programs  established  pursuant  to  the  personal
responsibility  and  work opportunities reconciliation act of 1996 (P.L.
104-193) and the social services law including, but not limited to,  the
following:
  a.  Data related to applicants seeking public assistance including but
not limited to:
  1. number of applicants  accepted  to  participate  in  each  program,
INCLUDING,  BUT  NOT  LIMITED TO, THE NUMBER OF LEGAL ALIENS ACCEPTED TO
PARTICIPATE;
  2. number of applicants who  are  denied  public  assistance  and  the
reason  for  denial, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF APPLI-
CANTS DENIED BECAUSE OF THEIR STATUS AS A LEGAL OR ILLEGAL ALIEN;
  3. NUMBER OF APPLICANTS WHO APPEAL THEIR DENIAL OF  PUBLIC  ASSISTANCE
AND ARE GIVEN A FAIR HEARING;
  4. NUMBER OF APPLICANTS WHO SUCCESSFULLY APPEAL THEIR DENIAL OF PUBLIC
ASSISTANCE AT THE FAIR HEARING LEVEL OR OTHERWISE;
  5. number of applicants who were previous recipients of public assist-
ance on or after December 2, 1997 including length of time previously on
assistance;  reason  for  initial  termination;  length  of time between
termination and reapplication; and reason for reapplication; [and
  4.] 6. number of applicants who have resided in the  state  for  fewer
than twelve months at the time of application;
  7.  NUMBER  OF  APPLICANTS WHO WERE PREVIOUSLY EMPLOYED AND THE REASON
FOR LEAVING EMPLOYMENT;
  8. NUMBER OF APPLICANTS WHO PREVIOUSLY RECEIVED SOCIAL SECURITY  BENE-
FITS AND THE REASON THEY NO LONGER RECEIVE SSI; AND
  9.  AGE,  SEX,  MARITAL STATUS, AND NUMBER OF DEPENDENTS OF APPLICANTS
SEEKING PUBLIC ASSISTANCE.
  b. Data related to recipients of public assistance including  but  not
limited to:
  1. number of terminated recipients of public assistance and reason for
termination,  INCLUDING  THE  NUMBER OF RECIPIENTS TERMINATED BECAUSE OF
THEIR STATUS AS A LEGAL ALIEN; [and]
  2. NUMBER OF PEOPLE WHO USED TO  RECEIVE  PUBLIC  ASSISTANCE  AND  NOW
QUALIFY FOR UNEMPLOYMENT INSURANCE; AND
  3. number of recipients that move between public assistance programs.
  c.   Data related to work activities subsidized or otherwise sponsored
by the department  of  social  services,  its  successor  agencies,  the
department  of  labor,  or LOCAL social services districts including but
not limited to:
  1. number of recipients participating in work activities;
  2. number of recipients receiving an exemption from  participating  in
work activities;
  3. the duration of and reasons for such exemptions;
  4.  number of participants receiving subsidized child care, INCLUDING,
BUT NOT LIMITED TO, THE TYPE OF CHILD CARE AND THE AGE OF THE CHILD, and
the number of exemptions granted due to lack of available child care;
  5. RELATIONSHIP BETWEEN THE AVAILABILITY OF  CHILD  CARE  AND  PARTIC-
IPANTS SUCCESS IN THEIR WORK ACTIVITY;
  6. the type of work activities;
  [6.] 7. hours of work per week per recipient;
  [7.] 8. duration of enrollment in such work activity;
  [8.] 9. reason for termination from work activity;
  [9.]  10.  number  of  requests for administrative hearings related to
work activity participation including the nature  of  such  requests  by
general categories and the outcome of such hearings;

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  [10.]  11.  number of participants receiving subsidized transportation
services;
  [11.]  12.  participant  retention  in work activities by type of work
activity;
  [12.] 13. length of time before assignment to a work activity;
  [13.] 14. number of recipients changing work activity assignments  and
reasons for such changes; [and
  14.] 15. expenditures by LOCAL social services districts in support of
work activities;
  16. INCOME MADE BY RECIPIENTS IN THEIR JOB PLACEMENTS, INCLUDING AVER-
AGE HOURLY WAGE BY INDIVIDUAL AND BY HOUSEHOLD; AND
  17.  NUMBER OF NEW JOBS IN THE STATE AND THE NUMBER KNOWN TO BE FILLED
BY PUBLIC ASSISTANCE RECIPIENTS.
  d. Data related to unsubsidized  work  activities  including  but  not
limited to:
  1. number of recipients hired;
  2. initial rate of pay by either annual salary or wage basis;
  3. retention rates;
  4. LENGTH OF TIME FOR EACH PLACEMENT;
  5.  means  of  obtaining  unsubsidized  employment  including, but not
limited to, referral by the LOCAL social services  district  and  direct
contact with employer; and
  [5.]  6. number of participants receiving subsidized child care and/or
transportation services, INCLUDING BUT NOT LIMITED TO THE TYPE OF  CHILD
CARE AND THE AGE OF THE CHILD AND THE TYPE OF TRANSPORTATION.
  e.    Data  related  to  recipient  training  and education activities
including but not limited to:
  1. number of recipients in training or educational activities by  type
of activity;
  2.  number  of  recipients  mandated  to  attend training or education
activities that fulfill work participation requirements;
  3. length and duration of training or education activity including the
number of hours per week and duration;
  4. number of recipients receiving subsidized child care and/or  trans-
portation  services,  INCLUDING,  BUT  NOT LIMITED TO, THE TYPE OF CHILD
CARE AND THE AGE OF THE CHILD AND THE TYPE OF TRANSPORTATION;
  5. number of recipients transferred to work activities;
  6. to the extent available, the number of recipients who  obtain  work
directly from training or education activities including starting salary
and employee retention rates; and
  7.  expenditures  by  LOCAL  social  services  districts in support of
training and education activities.
  f.  Data related to recipient sanctions including but not limited to:
  1. number of sanctions, by type of sanction;
  2. number of sanctions with defined minimum period, by type  of  sanc-
tion;
  3.  average  length of sanction until recipient compliance, by type of
sanction;
  4. amount of sanction, by type of sanction;
  5. period of time starting on or  after  December  2,  1996  that  the
participant was in the program prior to the sanction;
  6. number and outcome of administrative hearings related to sanctions,
by type of sanction; [and]
  7. number of sanctions against entire assistance unit;
  8.  NUMBER OF SANCTIONS GIVEN TO RESIDENTS WHO CLAIM THAT THEY DID NOT
HAVE THE TRANSPORTATION NECESSARY TO MAKE IT TO THEIR PLACEMENT;

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  9. NUMBER AND TYPE  OF  SANCTIONS  IMPOSED  ON  RECIPIENTS  WHO  LATER
REQUESTED A FAIR HEARING; AND
  10. NUMBER AND TYPE OF SANCTIONS IMPOSED ON RECIPIENTS WHO SUCCESSFUL-
LY APPEALED THEIR LOSS OF BENEFITS.
  g.  Data related to case closings including but not limited to:
  1. number of case closings;
  2.  reason for case closing including, but not limited to, self-termi-
nation without reason;
  3. length of time receiving assistance on or after  December  2,  1996
before case closing;
  4. on an aggregate basis, the length of time recipients do not receive
public  assistance in New York state following case closing occurring on
or after December 2, 1996; [and]
  5. number of former public assistance recipients receiving  subsidized
child care and/or transitional medical assistance; AND
  6.  LENGTH  OF  TIME  FORMER  PUBLIC ASSISTANCE RECIPIENTS WORK IN THE
EMPLOYMENT POSITION THAT THEY HELD AT THE TIME THEIR CASE WAS CLOSED.
  h.  Data related to substance abuse treatment programs  including  but
not limited to:
  1.  number  of recipients receiving substance abuse treatment services
for which the cost of such services is paid  for  by  the  LOCAL  social
services district using public assistance monies;
  2.  length of reimbursed recipient participation in treatment program;
[and]
  3. types of substance abuse treatment programs receiving reimbursement
from LOCAL social services districts;
  4. NUMBER OF RECIPIENTS WHO  ARE  SCREENED  BY  THEIR  CASEWORKER  FOR
SUBSTANCE  ABUSE  AND THE NUMBER OF RECIPIENTS WHO TEST POSITIVE AT THIS
INITIAL SCREEN;
  5. NUMBER OF RECIPIENTS WHO ARE SCREENED BY A DRUG COUNSELOR  AND  THE
NUMBER OF RECIPIENTS WHO TEST POSITIVE;
  6.  NUMBER  OF  RECIPIENTS  WHO  TEST POSITIVE FOR SUBSTANCE ABUSE WHO
RECEIVE TREATMENT; AND
  7. NUMBER OF RECIPIENTS WHO RECEIVED TREATMENT AND THEN WERE  ABLE  TO
PERFORM SUCCESSFULLY IN THE WORKFARE PROGRAM.
  i.    Data  related  to  pregnancy  prevention programs funded through
federal monies received by the state  pursuant  to  title  iv-a  of  the
social security act including but not limited to:
  1. number of program participants BY COUNTY;
  2. duration of program participation; and
  3. types of services provided.
  j.    Data  related  to disabled and work-limited recipients of public
assistance pursuant to provisions of the  welfare  reform  act  of  1997
including, but not limited to:
  1. number of persons applying for public assistance that are screened;
  2. number of current recipients of public assistance screened;
  3.  number of persons applying for public assistance that are found to
be disabled;
  4. number of current recipients of public assistance found to be disa-
bled;
  5. number of persons applying for public assistance found to be  work-
limited;
  6. number of current recipients of public assistance found to be work-
limited;
  7. duration of finding by category;
  8. number of changes in work activity exemption status;

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  9.  number and outcome of administrative hearings related to the disa-
bility screening and the determination of work activity exemptions; and
  10. data relating to work and training and education activities pursu-
ant   to   [subsections]  PARAGRAPHS  c,  d  and  e  of  this  [section]
SUBDIVISION.
  k. [Data related to the food  assistance  program  including  but  not
limited to:
  1.  number  of applicants under eighteen years of age by chronological
age;
  2. number of applications denied by reason for denial;
  3. number of recipients under eighteen years of age  by  chronological
age  and  the  average  amount of food assistance benefits per recipient
issued by the social services district;
  4. number of recipients under eighteen years of age  by  case  and  by
household  and the average amount of food assistance benefits issued per
case and per household by the social services district;
  5. number of recipients under eighteen years of age in a  case  and/or
in  a household where other individuals in the case and/or household are
in receipt of federal food stamp benefits and  the  average  amounts  of
federal  and state food stamp benefits issued per case and/or per house-
hold by social services district;
  6. number of recipients under eighteen years  of  age  in  a  case  or
household  receiving  other  public  assistance benefits and the average
amounts of food assistance benefits issued per recipient and per  public
assistance case by the social services district;
  7.  number  of  case  closings  for cases where the recipient is under
eighteen years of age by reason for case closing including  but  limited
to case closing as a result of naturalization;
  8.  number  of  applicants applying for food assistance benefits where
the primary reason for potential eligibility is a disability as  defined
by provisions of this act establishing a food assistance program;
  9. number of applications denied by reason for denial;
  10. number of disabled recipients by chronological age and the average
amount  of  food  assistance benefits per recipient issued by the social
services district;
  11. number of disabled recipients by case and  by  household  and  the
average  amount  of  food  assistance  benefits  issued per case and per
household by the social services district;
  12. number of disabled recipients in a case and/or    in  a  household
where  other  individuals in the case and/or household are in receipt of
federal food stamp benefits and the average amounts of federal and state
food stamp benefits issued per  case  and/or  per  household  by  social
services district;
  13.  number  of  disabled  recipients in a case or household receiving
other public assistance benefits and the average amount of food  assist-
ance benefits issued per recipient and per public assistance case by the
social  services  district  including,  but  not  limited to, receipt of
federal and/or state supplemental payment made pursuant to title xvi  of
the social security act;
  14.  number of case closings for cases where the recipient is disabled
by reason for termination including but limited to  case  closing  as  a
result of naturalization;
  15.  number  of applicants applying for food assistance benefits where
the primary reason for potential eligibility is that  the  applicant  is
elderly as defined by provisions of this act establishing a food assist-
ance program;

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  16. number of applications denied by reason for denial;
  17.  number  of elderly recipients by chronological age and the amount
of food assistance benefits per recipient issued by the social  services
district;
  18.  number  of  elderly  recipients  by case and by household and the
average amount of food assistance  benefits  issued  per  case  and  per
household by the social services district;
  19. number of elderly recipients in a case and/or in a household where
other individuals in the case and/or household are in receipt of federal
food  stamp  benefits  and  the average amount of federal and state food
stamp benefits issued per  case  and/or  per  household  by  the  social
services district;
  20.  number  of  elderly  recipients  in a case or household receiving
other public assistance benefits and the average amount of food  assist-
ance benefits issued per recipient and per public assistance case by the
social  services  district  including,  but  not  limited to, receipt of
federal and/or state supplemental payment made pursuant to title xvi  of
the social security act; and
  21.  number  of case closings for cases where the recipient is elderly
by reason for termination including but limited to  case  closing  as  a
result of naturalization; and
  22.  number and outcome of administrative hearings related to the food
assistance program by general category.
  l.] Data related to the domestic violence screening process  including
but not limited to:
  1. number of applicants and recipients screened;
  2. number of positive findings;
  3.  number  of  waivers  by category granted as a result of a positive
finding; and
  4. duration of such waiver.
  L. DATA RELATED TO CHILD SUPPORT INCLUDING BUT NOT LIMITED TO:
  1. NUMBER OF RECIPIENTS WHO  HAVE  A  COURT  ORDER  TO  RECEIVE  CHILD
SUPPORT;
  2. NUMBER OF RECIPIENTS WHO RECEIVE CHILD SUPPORT;
  3.  NUMBER  OF  RECIPIENTS  WHO  SUCCESSFULLY  OBTAINED  CHILD SUPPORT
THROUGH CHILD SUPPORT COLLECTION UNITS;
  4. AMOUNT OF CHILD SUPPORT OWED TO RECIPIENTS; AND
  5. AMOUNT OF CHILD SUPPORT RECEIVED BY RECIPIENTS.
  M. DATA RELATED TO PROBLEMS OF HOMELESSNESS INCLUDING BUT NOT  LIMITED
TO:
  1.  NUMBER  OF  PERSONS SEEKING SHELTER FROM THE LOCAL SOCIAL SERVICES
DISTRICT;
  2. NUMBER OF PERSONS  WHO  RECEIVED  SHELTER  FROM  THE  LOCAL  SOCIAL
SERVICES DISTRICT; AND
  3. NUMBER OF PERSONS WHO DID NOT RECEIVE SHELTER FROM THE LOCAL SOCIAL
SERVICES DISTRICT AND WHY.
  N. DATA RELATED TO USE OF FOOD BANKS INCLUDING BUT NOT LIMITED TO:
  1.  NUMBER  OF  PERSONS  SEEKING ASSISTANCE FROM EMERGENCY FOOD RELIEF
ORGANIZATIONS BY MONTH AND DISTRICT;
  2. QUANTITY OF FOOD SUPPLIED BY EMERGENCY FOOD RELIEF ORGANIZATIONS IN
EACH DISTRICT; AND
  3. CHANGE IN EMERGENCY FOOD ORGANIZATIONS ASSISTANCE REQUESTS  BETWEEN
1994,  1995,  1996,  AND  THE  YEARS  SUBSEQUENT TO THE ENACTMENT OF THE
WELFARE REFORM ACT OF 1997.
  O. DATA RELATED TO FAMILY INCOME INCLUDING BUT NOT LIMITED TO:
  1. AMOUNT OF FAMILY INCOME EXCLUDING AND INCLUDING PUBLIC ASSISTANCE;

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  2. NUMBER OF RECIPIENTS EVICTED WHILE ON PUBLIC ASSISTANCE FOR FAILURE
TO MAKE PAYMENTS;
  3.  NUMBER  OF RECIPIENTS WHOSE ELECTRICITY IS SHUT OFF FOR FAILURE TO
MAKE PAYMENTS; AND
  4. NUMBER OF REQUESTS FOR EMERGENCY BENEFITS, INCLUDING EMERGENCY FOOD
STAMP BENEFITS, AND THE SERVICES WHICH WERE PROVIDED IN RESPONSE  THERE-
TO, IF ANY.
  P.  DATA  RELATED  TO  THE  PHYSICAL  HEALTH AND NUTRITION OF CHILDREN
RECEIVING PUBLIC ASSISTANCE INCLUDING BUT NOT LIMITED TO THE  NUMBER  OF
RECIPIENT  CHILDREN  WHO QUALIFY AND RECEIVE FREE OR SUBSIDIZED MEALS AT
SCHOOL.
  S 2. The provisions of this act shall be implemented to the extent  of
and  within  the  amounts appropriated for a comprehensive evaluation of
the implementation of The Welfare Reform Act of  1997.  Such  evaluation
shall  include  but not be limited to an assessment of the effectiveness
of public assistance programs in  assisting  recipients  to  secure  and
retain  unsubsidized  employment  and  shall  evaluate  the  data  being
collected pursuant to chapter 436 of the laws of 1997. The  commissioner
of  the  office  of temporary and disability assistance shall submit the
evaluation to the governor and the legislature on or before December 31,
2009, and to the extent funds are available, annually  thereafter.  Such
commissioner shall enter into agreements with one or more not-for-profit
corporations  or other organizations, other than a state agency, for the
purpose of assisting in the conduct and preparation of the evaluation.
  S 3. This act shall take effect immediately.