S T A T E O F N E W Y O R K
________________________________________________________________________
6392
2011-2012 Regular Sessions
I N A S S E M B L Y
March 16, 2011
___________
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.
LBD10076-02-1
A. 6392 2
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,
2011, 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.