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

                                  9180

                          I N  A S S E M B L Y

                             March 26, 2014
                               ___________

Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
  tee 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 ability to conduct a fair hear-
ing  using  video  conferencing  equipment,  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  Section  341  of  the social services law is REPEALED and a new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. NOTICE OF  NONCOMPLI-
ANCE.   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 FAIL-
URE TO COMPLY, AND THE NECESSARY ACTIONS THAT MUST BE TAKEN TO  AVOID  A

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

                                                           LBD14078-04-4

A. 9180                             2

PRO-RATA  REDUCTION IN PUBLIC ASSISTANCE BENEFITS. 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  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 THERE-
OF.
  2.  RIGHT  TO CONCILIATION.   (A) AT THE OPTION OF THE SOCIAL SERVICES
DISTRICT THE SOCIAL SERVICES DISTRICT MAY ENGAGE IN CONCILIATION EFFORTS
WITH THE PARTICIPANT AT THE SAME TIME AS THE VERBAL NOTICE OF NONCOMPLI-
ANCE IN AN EFFORT 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.  IT WILL BE THE RESPONSIBILITY OF  THE  PARTIC-
IPANT  TO  GIVE  REASONS  FOR SUCH FAILURE OR REFUSAL TO COMPLY WITH THE
REQUIREMENTS 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)  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. CONCILIATION PROCEDURE.   (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. RIGHT TO A FAIR HEARING.  IF THE SOCIAL  SERVICES  DISTRICT  DETER-
MINES  AS  THE  RESULT OF SUCH CONCILIATION PROCESS THAT SUCH FAILURE OR

A. 9180                             3

REFUSAL WAS WILLFUL AND WITHOUT GOOD CAUSE, OR IN  THE  EVENT  THAT  THE
PARTICIPANT  DOES  NOT  CONTACT  THE SOCIAL SERVICES DISTRICT WITHIN THE
SPECIFIED NUMBER OF DAYS TO  REQUEST  CONCILIATION,  THEN  THE  DISTRICT
SHALL  PROVIDE  THE  PARTICIPANT 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 DETERMINATION, 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 PURSUANT  TO
REGULATIONS  OF  THE DEPARTMENT. SUCH NOTICE SHALL ALSO INCLUDE A STATE-
MENT 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.  THE FAIR HEARING MAY BE CONDUCTED USING  VIDEO  CONFERENCING
EQUIPMENT THAT ALLOWS EACH PARTY TO SEE AND HEAR OTHER PARTIES.
  5.  SANCTIONS.  (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

A. 9180                             4

  (III)  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 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.