The 1997 New York State Welfare Bill (S. 5788/A.8678)
by Susan C. Antos - Greater Upstate Law Project - 8/28/97
TABLE OF CONTENTS
Local Flexibility Pilot
Program
New Residency Requirement
Aliens
Teen Parents
Double Dippers
Fleeing Felons
Minor Child - Absence
Teen Parents
Income and Eligibility Rules
Local District Cooperative Projects
Resource Exemptions
Learnfare
Child Assistance Program (CAP)
CAP Financing
Local District Penalties
Drug and Alcohol Screening
Finger Imaging for
Medicaid Applicants and Recipients
Confidentiality Erosion
Sharing Fiscal Sanctions
Performance Awards
County Financial Incentives
Family Assistance For Those Awaiting
SSI
Domestic Violence
Time Limits
Emergency Assistance
Individual Development Accounts
Fraud Sanctions
Safety Net
Block Grant For Child Care
Child Support Cooperation -
Food Stamps
Medical Assistance Eligibility (MA)
Restructuring
of DSS and DFY
Domestic Violence Exemption
Emergency Regulations
Electronic Benefit Transfer System
Public Assistance Employment Programs
Food Assistance Program
Data Collection
Privatization
All sections are effective 8/20/97, the date the Governor signed the bill, unless
otherwise indicated.
§ 1 This Act shall be known and may be cited as...The Welform Reform
Act of 1997 (This is not a typo)
§ 2 Amends the Social Services Law (SSL) 2(18) to include family assistance (FA),
safety net assistance (SNA) and veteran assistance within the definition of "public
assistance and care." Medical assistance, institutional care for adults, and child
care granted at public expense are already in the definition.
§ 3 Adds a new SSL 2(19) to define "public assistance" as family assistance,
safety net assistance and veteran assistance.
§ 4 Local Flexibility
Incentive Pilot Program [Adds a new SSL 36-b]
Under this provision, local social services districts may apply for funding "to
demonstrate innovations and efficiencies to aid public assistance recipients in attaining
self-sufficiency. No district may receive more than 25% of available funding for its
project which must be approved by NYSDSS in consultation with NYSDOL. State regulations
which would "impede the successful completion of a project," may be waived so
long as the project:
-is consistent with state and federal statutes
-will not impair the general health or welfare of the people receiving services
Any social services district that achieves its cost savings goal shall receive full
reimbursement for the costs of such project.
Ongoing evaluation and assessment will be required.
§ 5 Adds a new SSL 39(8) to allow the department(1) to contract
with Indian tribes or intertribal consortiums to provide welfare related services.
§ 6 New Residency Requirement
Repeals SSL 131-a(3)(d), the provision struck down as unconstitutional by the Fourth
Department in Brown v. Wing. _____ A.D. 2d ____ (1997), affirming Brown v. Wing, 170 Misc.
2d 554; 649 N.Y.S. 2d 988 (Monroe Co., 1996). Undaunted by the holdings in Aumick [161
Misc. 2d 271 (1994)] and Brown, the legislature tries again to create a residency
requirement to those new to New York by dusting off an old definition of residency which
is contained in SSL 117, a section of the law which has been virtually ignored since its
enactment in 1949. It defines resident as someone who has resided in the state
continuously for one year, and The new law adds a new section SSL 117(3) which provides
that no assistance shall be provided to any person who is not a resident "as defined
in this article," except that during the first 12 months in the state, a person who
is otherwise eligible, shall receive benefits which do not exceed the higher of 50% of the
amount otherwise payable or the standard of need applicable to the person under the laws
of the state in which he or she resided immediately prior to arrival in New York. A
schedule of comparative grants will be promulgated biennially setting forth that state's
maximum standards of payment applicable in other states.
No alien will be provided benefits for their first year in the state unless they were
domiciled in New York on August 20, 1997. Persons entitled to federally funded refugee
cash assistance are exempt from the residency rule entirely.
§7 Aliens [new section SSL 122] (Effective 8/22/96 except MA
provisions effective 8/20/97 and FS provisions effective 8/31/97 or later date consistent
with federal law.)
1. The following aliens are eligible for federal food stamps, additional state payments
for aged blind and disabled (ASPABD),family assistance, safety net assistance (SNA), and
services funded under Title XX:
A. Aliens naturalized as citizens;
B. Permanent residents who have worked for 40 quarters exclusive of any quarter after
12/31/96 in which such person received any federal means tested assistance;
C. An alien lawfully residing in New York who is on active duty in the armed forces or
who has received an honorable discharge or the spouse or unmarried dependent child of any
such alien;
D. Refugees and asylees during the first years after entry and persons for whom
deportation was withheld within the previous 5 years or such other period provided under
federal law (federal law has extended it to 7 years for SSI and medicaid).
2. Subject to the residency rule described in §6, the following aliens are eligible for
FA, medical assistance (MA), SNA, Title XX services and ASPABD (to the extent the alien is
eligible for SSI), but are not eligible for food stamps:
-qualified aliens(2) who entered the U.S. prior to
8/22/96; and
-qualified aliens who entered the U.S. after 8/22/96 and who have been in the U.S. for
at least 5 years.
3. Qualified aliens who enter after 8/22/96 and who have been here less than 5 years and
aliens who are otherwise permanently residing in the U.S. under color of law (PRUCOLS) may
only receive safety net assistance and emergency medical assistance except that an alien
who is PRUCOL and residing in a residential health care facility who was receiving MA as
of 8/20/97 shall remain eligible for MA.
4. Any alien is eligible for adult protective and child protective services.
5 Each social services district must report the name and address of any alien
unlawfully in the United States to NYSDSS.
6. Income and resources of a sponsor are deemed available to an alien for FA and MA.
7. Social services districts must request reimbursement from sponsors for FA, SNA, ASPABD,
MA, emergency assistance to adults (EAA) and if the sponsor does not, within 45 days,
indicate a willingness to commence payments, the social services district may commence an
action against the sponsor.
Prenatal care as directed in Lewis v. Grinker, 965 F.2d 1206 (Second Cir. 1992),
remains unaffected.
This section is retroactively effective to 8/22/89 except that provisions regarding
medical assistance eligibility are effective upon signing and food stamp provisions are
effective 8/31/97 or such later date consistent with federal law.
§8 & 9 Intentionally omitted
§10 Teen parents [Amends SSL 131(6)]
Provides that unmarried minors (under age 18) who are pregnant and who reside with and
provide care for a dependent child may not receive FA unless residing with a parent,
guardian, adult relative or in an adult supervised supportive living arrangement. Where
possible such benefits will be paid to the adult on behalf of the minor. This provision
shall not apply if:
-the minor has no living parent, legal guardian or appropriate adult relative whose
whereabouts are known;
-no such adult allows the minor to live in his home
-the minor has been subjected to serious physical or actual harm, sexual abuse or
exploitation in the residence of the parent or guardian or substantial evidence exists of
imminent or serious harm if the minor were to live in the same residence;
-it is in the minor's best interest to waive this requirement.
If not required to live at home, the minor must reside in an adult supervised
supportive living arrangement such as a second chance home or a maternity home.
§11 Repeals SSL 131(5), which provided that no assistance should be provided to
employable applicants and recipients of home relief and permitted employables to receive
their PA at job service sites. Replaces this section with a statement that no applicant or
recipient shall receive assistance if he or she fails to comply with the requirements of
this chapter or refuses to accept employment in which he or she is able to engage.
Double Dippers [Adds SSL 131(12)]
No PA or FS shall be granted to an individual for 10 years after conviction for
fraudulently representing his or her residence in order to receive PA, MA, FS or
Supplemental Security Income (SSI) from two or more states.
Fleeing Felons [Adds SSL 131(14)]
No PA shall be given to any individual who is fleeing to avoid prosecution from a crime
which is a felony or who is violating a condition of probation or parole as evidenced by
either an outstanding warrant alleging such violation or by a judicial determination.
Repeals former 131(12) which dealt with a pilot project to provide direct delivery of PA
checks to banks in NYC.
Minor Child - absence [SSL
131(15)]
No PA shall be provided for any minor child expected to be absent from the home for 45
days or more without good cause as defined in regulation. Good cause shall include absence
in foster care if the goal is return home; attendance at school or hospitalization is
return is expected within a reasonable time and is in the best interest of the child.
Teen Parents [SSL 131(18)]
Any parent under the age of 18 with a child 12 weeks of age or older must have either
completed a high school education or its equivalent or must participate in educational
activities, unless it has been determined that the minor lacks the requisite capacity to
successfully complete a course of study.
Income and Eligibility Rules
§12 Repeals SSL 131-a(3-a)(3-b)(6) and 11; amends SSL 131-a(1), (3), 5(f), (7), (8), (9),
10(a), 12(a)
-Maintains current grant structure
-Repeals the child care disregard (effective 11/1/97)
-Maintains the $90 earned income disregard
-Provides a 42% disregard of earned income for households in receipt of family
assistance [and permits adjustment based on changes in the poverty guidelines. The current
intent of NYSDSS is that the disregard should be a percentage that zeros outs at poverty
for a household of three in NYC]. No assistance shall be given to any household with gross
income in excess of the poverty level (effective 11/1/97).
-Maintains the $50 child support disregard
-Maintains 6 months earned income exemption for students
-Maintains JTPA earning exemption
-Maintains EITC exemption
-Maintains 185% gross income rule
-Maintains lump sum rule
§13 Makes technical amendments(3) in SSL 131-f which
permits the disregard of retroactive social security benefit increases.
Local District Cooperative
Projects [New SSL §131-i ]
§14 Permits local social services districts to function cooperatively to jointly provide
services, but may not relocate offices which would diminish access to services or increase
un-reimbursed travel.
§15 Repeals SSL 131-k(1),(3) & (4) (the prior alien provisions). The provision
which requires that aliens ineligible for assistance be referred to INS, is retained.
§16 Resource Exemptions [Amends SSL
§131-n; Effective for a five year period November 1, 1997 - August 22, 2002.]
-Designed to match food stamp exemptions.
-$2000 - general resource exemption;
-$3000 if household member over the age of 60;
-fair market value of an automobile up to $4650 (the current rule is
$1500 equity value);
-funds in an individual development account;
-tangible personal property necessary for business or employment purposes.
§17 SSL 131-t
-Requires "periodic" as opposed "quarterly" reporting.
§18 Learnfare [Amends 131-y(1), (2)]
Existing program is continued; target goals revised. Six sites by 9/97; 15 sites by 9/98,
all social services districts by 9/99.
§19 Child Assistance Program (CAP)
[Repeals SSL 111-l and creates a new
131-z]
Allows any district to operate a CAP program: maintains parameters of current program
except that after 3/97/98 MA will only be extended beyond current eligibility standards to
the extent federal financial participation is a available. NYSDSS says that Health
Department will seek a §1115 wavier to maintain expanded CAP MA eligibility. Allows
families unable to obtain a support order to participate in CAP if
-the other parent is deceased;
-the custodial parent has made diligent efforts to obtain a support order, but has been
unable to obtain an order for reasons outside her control
-the custodial parent has good cause for non-cooperation
-the child resides with both parents and paternity has been established.
§19-a CAP financing
Amends & SSL 153(16) to provide administrative reimbursement for CAP programs in
excess of "federal reimbursement received" as follows:
For fiscal year beginning
- 4/1/97 - 100%
- 4/1/98 - 90%
- 4/1/99 - 80%
- 4/1/00 - 70%
- 4/1/01 - 60%
All years thereafter - 50%
§20 Local District Penalties [SSL
153(17)]
Penalties for local social services districts that fail to meet participation rates for
non-exempt safety net households: state reimbursement will be cut ˝ of 1% of such
shortfall up to 5%.
§21
§22 Technical amendments to SSL 132(2)(a).
§23 Drug and Alcohol Screening
[Adds SSL 132(4)] (Effective 11/1/97)
Periodic screening for alcohol and substance abuse shall be required of adult applicants
or heads of households. Screening does not mean testing and shall be done
with a tool developed by the office of alcoholism and substance abuse services (OASAS).
If screening indicates a reason to believe applicant or recipient is abusing drugs, the
local department of social services ( LDSS) shall refer for a formal assessment to be
performed by a credentialed professional, which may include drug testing. Those unable to
work by reason of their need for treatment must be referred for treatment. [Note:
this means those able to work despite drug abuse will not be referred for treatment.
Query: Can they voluntarily enroll without being required to participate in work
activities?]. Diligent efforts must be made to refer to a program that allows the
family to remain intact.
A person who fails to participate in the screening or assessment is ineligible for
assistance. The remainder of the household can receive safety net assistance and MA.
A person referred to treatment and the household in which he/she resides shall receive
SNA and MA, even if such treatment is not presently available.
Refusal to participate in such program without good cause, or loss of SSI or OASDI for
similar non-compliance will result in disqualification for PA and MA:
-45 days or compliance (whichever is longer) - first failure;
-120 days - second failure;
-180 days - third and subsequent failures.
Other household members are eligible for SNA. Good cause shall be defined in regulation.
Persons who return to required residential treatment prior to the end of
their disqualification period are eligible for SNA.
§23-a Finger
Imaging for Medicaid Applicants and Recipients
Extends finger imaging to recipients of public assistance and care, including medicaid
recipients who are subject to photo ID requirements.
According to Department of Health documents, medicaid recipients who are not subject to
the photo-ID requirements and thus who would not be subject to finger imaging include:
-all cash SSI recipients
-children under 21 living with a responsible relative (including foster parents and
guardian)
-home board persons
-PCAP applicants
-all persons in residential health care, residences operated by OMH or OMRDD or in
institutional foster care
It is a county option to include 18-21 year olds who do not live with a responsible
relative from the photo- ID process.
§23-b Intentionally omitted
Confidentiality Erosion
§24 Amends SSL 136(2) to permit social services officials to report suspected instances
of physical or mental injury, sexual abuse or exploitation, sexual contact with a minor or
negligent or maltreatment or a child and permits communications with INS regarding the
immigration status of any individual.
§25 Amends SSL 135(5) to require DSS officials to disclose the names of fleeing felons
and those violating probation or parole.
§26 Amends SSL 142, which states that no person receiving SSI and/or additional state
payments or FA shall receive any other form of assistance. Deletes the provision that a
parent or other relative who receives ADC on behalf of a child but receives no allowance
herself, is not ineligible for aid or assistance under any other title of this chapter.
§27 Amends SSL 153(i)(e) to delete reference to state and local charges.
§28 Sharing Federal Fiscal
Sanctions [Adds a new SSL 153(2)]
If the federal government imposes fiscal sanctions on the state because of
non-compliance with federal law, the commissioner shall make a determination of district
fault and reduce federal reimbursement in an amount equal to the portion attributable to
the district. If the commissioner is unable to identify which districts caused the federal
sanction, then all districts shall be proportionally reduced.
§29 Repeals SSL 153(13), (14) - which provided 50% reimbursement for JOBS expenditures
and 87 ˝ % reimbursement for Transitional Child Care.
§30 Performance Awards [SSL 153-j]
(expires 10/1/02)
NYSDSS, at the option of any LDSS will set goals pertaining to
-job placement
-reduction of out of wedlock pregnancies
-placement from shelters to permanent housing
-establishment of paternity
-increases in administrative efficiency
Districts meeting these goals are eligible for awards.
County Financial Incentives
[SSL 153-k)] (Expires 10/1/02)
NYSDSS shall establish financial incentives for districts that are most successful at
moving recipients off public assistance to unsubsidized employment. The ten highest ranked
districts will receive a pro-rata share of funds accumulated. The lowest 20 districts must
pay 3% of their state and federal reimbursement for employment and work related activities
into this incentive fund, unless NYSDSS waives this provision because of conditions in the
local economy.
§31 Technical amendments to SSL §344, which deals with local district responsibility
to provide family assistance.
§32 Technical amendments to SSL §348, which deals with family assistance applications.
§33 Repeals SSL 349 (B)(1-a), which authorized ADC-U. Effective 12/2/96.
§34 Changes ADC to FA in SSL §349 and deletes deprivation factor requirement. (Effective
12/2/96).
Family Assistance for those
Awaiting SSI [SSL 349(B)(2)]
§35 SSL 349(B)(2) - Allows NYSDSS to provide FA without federal funding to those awaiting
SSI determinations; authorizes retroactive classification, presumably to maximize federal
dollars.
§36 Domestic Violence Provisions [SSL
349-a]
After consultation with the Office for the Prevention of Domestic Violence (OPDV) and
statewide domestic violence advocacy groups, the department shall establish regulations,
which will
-require local social services districts [LSSD] to notify all applicants and recipients
(at re-certification) of procedures for protection from domestic violence (DV) and the
availability of services
-the notice will inform the individual that
-the LSSD will make periodic inquiry regarding the existence of DV
-response to these inquires is voluntary and confidential
-information regarding abuse and neglect of children will be reported to child
protective
-the inquiry will be performed utilizing a universal screening form developed by the
department after consultation with OPDV and statewide domestic violence advocacy groups
-an individual who self identifies shall be offered the opportunity for such screening
-an individual indicating the presence of DV as a result of such screening shall promptly
be referred to a domestic violence liaison who meets training requirements by the
department after consultation with OPDV and statewide DV advocacy groups
-the liaison shall assess the credibility of the assertion of DV. The assessment must
include, at a minimum, a sworn statement by the individual alleging such abuse.
-upon a determination that the individual's allegation is credible
-the individual shall be informed of services available on a voluntary basis
-the liaison shall conduct a second assessment to determine to what extent DV is a
barrier to compliance with PA requirements or employment
-assess the need for waivers of program requirements which may include, but are not
limited to
-residency
-child support cooperation
-employment and training. Exemptions from the 60 month limit on receipt of TANF
benefits is only available when there is an independently verified physical impairment
resulting from DV, anticipated to last 3 months or longer, or if the individual is unable
to work because they have to care for a child disabled as a result of DV.
-pursuant to §142 of this act, victims of DV may be exempted from SSL 349(2) on the
basis of hardship. (This is confusing - SSL 349 uses paragraphs (A) and (B) before
numerical subparagraphs, so it is not clear to what section this is referring.)
-waivers granted shall be provided pursuant to a determination of good cause where
compliance would make it more difficult for the individual or her children to escape from
domestic violence or subject them to further risk of DV
-Such waivers shall be for an initial period of no less than 4 months provided that all
waivers are subject to ongoing review and may be extended, modified or terminated by the
DV liaison.
§37 Repeals SSL 350(6), (7) which dealt with ADC funding for children in foster homes and
child welfare services.
Time Limits [Amends SSL 350(2)]
Limits receipt of benefits funded by the Temporary Assistance to Needy Families (TANF)
block grant to 60 months to "any family which includes an adult who has received
...any form of assistance funded in whole or in part under TANF."
Not included in the 60 month calculations
-any period in which the individual was a minor child who was not the head of a
household or married to the head of the household.
Subject to federal limitations, families will be exempted from the application of this
section based on hardship when
-the adult family member is unable to work because of an independently verified physical
or mental impairment including those resulting from domestic violence, or
-when the adult member is in receipt of SSI, or additional state payments (Note:
this language would be unnecessary if the state intended to keep SSI invisible since the
minor children in the household are already described as exempt from the time limit. For
the moment, 18 NYCRR 352.2(b) remains intact.)
-periods in which an adult receives SNA shall be included in the cumulative period
regardless of whether such assistance was funded by TANF
-TANF assistance "may be increased, decreased or revoked at any time."
-TANF may be continued for a period of not more than one month after a child becomes
ineligible, except in the case of a child reaching the age of 18
§38 Emergency Assistance (EA) [Amends
SSL 350-j(2),(3)]
-deletes the 30 days within 12 month limitation
-expands from 6 to 12 months the time within which the child must have lived with the
family
EA can not duplicate assistance provided or assistance that would have been provided but
for a sanction
Persons for whom preventative services are being provided or who are living in foster
care, public, congregate or group facilities, such as residences for victims of domestic
violence, may pursuant to regulations and within amounts specifically appropriated,
receive assistance in amounts exceeding those set forth in 131-a.
§39 Amends SSL §358 - primarily technical amendments
-Authorizes the department of tax and finance to accept and receive TANF dollars and
permit that department to transfer funds to the child care development block grant as the
legislature provides
Individual Development Accounts [New
SSL 358(5)]
Permits individuals to accumulate funds in individual development accounts established
pursuant to §403 of the social security act as trust accounts funded with periodic
contributions of earned income or of amounts matched by or through a non-profit.
§40 Repeals SSL 29-a, the provision which authorizes the state to apply for federal
waivers.
§41 Fraud Sanctions [Repeals SSL
145-c and creates a new SSL 145-c]
Those who have been found by a court or pursuant an administrative hearing to have:
-made a false or misleading statement or misrepresented, concealed or withheld facts or,
-committed an act intended to mislead, misrepresent, conceal or withhold facts or
propound a falsity
for the purpose of establishing or maintaining eligibility, increasing benefits or
preventing a decrease, shall not have his or her needs taken into account for the
following periods of time:
First offense - 6 months
Second offense or wrongful receipt of $1000 - $3900 - 12 months
Third offense wrongful receipt of amount in excess of $3900 - 18 months
Any subsequent offense or wrongful receipt of benefits in the amount of $3900
- 5 years. [Note: Yes, this is confusing - is a person who wrongfully receives more than
$3900 disqualified for 18 months or 5 years?]
§42 Amends SSL 131(10) - Technical corrections to the voluntary quit rule. Maintains
90 day penalty for applicants. [Note: §148 says sanctions for recipients who
voluntarily quit or reduce employment are those set forth in SSL 342 - the progressive
sanctions.]
Safety Net (effective 12/1/98)
§43 Amends SSL 157(1) - Renames home relief as safety net assistance - primarily
technical changes; deletes the authority to pay for tuition, fees and other costs of
training under §SSL 159-a which was repealed effective 10/1/90, when JOBS was enacted.
§44 Note: This section is effective 12/1/98. Defines those eligible for
Safety Net Assistance (SNA) as a person who
-resides with a family ineligible for a TANF assistance because they have exceeded the 60
month time limit
-does not reside with a dependent child (ie single adult)
-lives with an adult or minor head of household who has been found under SSL 132 to be
abusing illegal substances or engaging in the habitual and excessive consumption of
alcoholic beverages
-is under 18, not living with his or her child, and has no adult relatives with whom to
reside
-resides in a family in which a person refused to comply with drug or alcohol screening
-resides in a family which includes a person who refuses to participate in an
appropriate drug or alcohol rehabilitation program
-is a qualified alien ineligible for TANF because of PRA §403 or is an alien who is
permanently residing under color of law, but is not a qualified alien
No person residing with a minor child is eligible for safety net assistance unless they
have reached the 60 month time limit. This mean spirited provision appears to
eliminate the rule that permitted adults to maximize benefits by keeping
their children with income (support, survivor's benefits) off assistance and receiving
assistance for the adult only.
§45 Repeals SSL 158-a - Alcoholism and Drug Abuse Rehabilitation Services
§46 Repeals SSL 158-b - Mandatory job search activities for certain employable
recipients of home relief
§46-a Amends SSL 159
Safety net assistance shall be provided in cash unless deemed inappropriate by the LSSD
because of an inability to manage funds or because less expensive and more easily
controlled alternative methods of payment are available or if the individual has requested
it (This is not a change. It is the current HR language).
Non-cash safety net assistance shall be paid as follows:
Shelter: direct payment, two party check or other form of restricted
payment up to shelter grant, except may be in excess of that amount at the request of the
recipient.
Utility: direct payment, two party check or other form of restricted
payment for fuel for heating, not in excess of allowances unless requested by the
recipient.
Personal needs allowance: 20% of the sum of the monthly standard of
payment.
All other assistance shall be provided on a non-cash basis, provided that an
appropriate electronic benefit transfer (EBT) system is operating in the district where
the recipient resides.
Safety net recipients who are single adults or minors not living with child or adult
relative may only get cash safety net assistance for 2 years after
8/20/97, unless the LSSD has not implemented a non-cash program, or they are adults exempt
form employment requirements.
Persons who have reached the time limit, who reside with someone found to have been
abusing alcohol or drugs, who have refused to submit to drug or alcohol screening, or who
are being sanctioned for failure to attend drug or alcohol rehabilitation may only receive
non-cash assistance.
Qualified aliens who entered the country after 8/22/96 and PRUCOL aliens may receive cash
assistance for two years.
The two year time limit includes any time that a person received reduced benefits under
SSL 117 (residency rule) or federally funded refugee assistance.
Adults eligible to receive comprehensive health care services through a special needs plan
(SNP) defined in 364-j(1)(n) shall receive cash assistance even if SNP is not operating in
their district or if eligible but for operation of 364-j(3)(d).
The non-cash assistance provisions will in general begin on 12/1/99, except that they
will not apply to TANF recipients who have used up their time limit until 12/1/00, and up
to 5 social services districts may pilot such a system for single adults, aliens and
childless minors who do not live with relatives effective 12/1/98.
§47 Amends SSL 165 - technical amendments to the HR pass plan (but see §77, which
repeals this section).
§48 Amends SSL 398 to add a new §16 which requires giving preference to placement of a
foster child with an adult relative.
§49 Adds SSL 398-e to make aliens, including non-qualified aliens, eligible for
protective services. (Deemed to be in effect on and after 8/22/96).
§50 Amends the Business Corporation Law by adding a new §405-a to required approval of
NYSDSS for any certificate of incorporation that includes the authority to care for
children through the establishment of an institution for destitute, delinquent, abandoned,
neglected or dependent children.
§51 Amends SSL 410, to add (4) which says §410 does not apply to child care provided
under the Block Grant for Child Care.
§52 Block Grant for Child Care [SSL
410-u through 410-z]
Establishes a state block grant for child care comprised of both title IV-A and CCDBG and
"any additional federal funds that the state chooses to transfer from the federal
family assistance to needy families block grant" to CCDBG plus any state funds.
The block grant is divided into two parts:
Part I - retained by the state to provide child care on a statewide basis
to special groups, increase availability and quality of child care programs including but
not limited to start-up, CCR&R, training, regulation and monitoring of child care
programs, development of computerized data systems and consumer education.
CCR&R's must meet additional performance standards including:
-increasing the number of child care placements for persons at or below 200% of poverty;
-increasing technical assistance to all "modalities" of legal child care.
Funds may be withheld from CCR&R's which do not meet these standards and restored
upon meeting them.
Part II - For child care for families receiving FA and other low income
families. Allocation plan developed by the department & approved by the division of
the budget based in part on historical costs & need for child care.
Block grant reimbursement
-75% for FA families
-100% all other eligible families
Unclaimed block grant funds will carry over to the following year
Claims (other than Title XX) from 10/1/96 to 9/30/97 shall be counted against a
district's first block grant allocation.
Eligible Families [SSL 410-w]
Families receiving FA when child care is necessary
To enable a parent or caretaker to engage in work, work activities or community service;
To enable a teen parent to attend high school or equivalent training;
Because parent or caretaker is physically or mentally incapacitated;
Because family duties away from home necessitate parent or caretaker relative's absence.
Transitional Child Care
Families with incomes up to 200% of the state income standard (SIS)(4)
who are attempting through work activities to transfer off FA so long as PA has been
terminated
As a result of increased hours or income from employment, or
Increased income from child support payments, or
Because the family voluntarily ended assistance.
3. Families with incomes up to 200% of SIS at risk of becoming dependent on FA.
4. Other families with incomes up to 200% of the SIS which the LSSD designates in its
consolidated service plan as eligible in accordance with criteria established by the
department.
Child Care Guarantee
Child care is guaranteed to families in receipt of FA with children under the age of 13
when such care is necessary for them to work or participate in work activities.
TCC is guaranteed for 12 months.
Social services districts may spend no more than 5% of their block grant allocation for
administrative activities.
Local social services districts may establish priorities for eligible families and must
set forth their priorities in their consolidated service plan.
Health and Safety Standards
Child care assistance funded under the block grant must meet all applicable standards set
forth in SSL §390 or the administrative code of the City of New York.
The department must establish in regulation minimum health and safety requirements that
must be met by providers who are not required to be licensed or registered, and providers
who are FA recipients fulfilling their community work experience requirements. A local
social services district may impose additional minimum health and safety requirements if
they submit:
-justification to the department of the need to impose such standards;
-a plan to monitor compliance.
Cost of Care
Amount to be paid for child care is the actual cost of care but no more than the
applicable market related payment rate established by the department in regulation. The
rates must be sufficient to ensure equal access for eligible children to comparable child
care assistance provided to children whose parents are not eligible to receive assistance.
The rates must take into account:
-variations of the cost of providing care in different settings and different age groups
-additional cost of providing child care for children with special needs
Note: The Child Care Development Block Grant Plan which was filed with the
Department of Health and Human Services indicates that the State intends to maintain
current market rates through 9/30/99.
Methods of payment
-The local district may provide child care:
-directly
-through purchase of service contracts
-through cash, vouchers or reimbursement.
-Must include at least one method by which care arranged by the parent can be paid
Sliding Fee Scale
Assistance shall be provided on a sliding fee scale based upon ability to pay to be
developed in regulation.
Maintenance of Effort
Each social services district must maintain spending equal to or greater than the amount
spent in FFY 1995 under Title IV-A, CCDBG and the state low income child care program.
If the state fails to meet the level of state and local child care funding necessary to
maintain federal matching funds for child care assistance, the state shall withhold funds
from those social services districts based upon a formula to be established by the
department.
§53 Child Support
Cooperation - Food Stamps [SSL §95(a)]
A parent or person exercising parental control who refuses to cooperate in establishing
paternity or obtaining support is not eligible to participate in the food stamp program
unless there is good cause for such refusal.
-A putative or identified non-custodial parent is not eligible to participate in the food
stamp program if such individual refuses to cooperate in establishing paternity or
providing support.
A person who is four months in arrears in child support or combined spousal and child
support is ineligible for food stamps.
Medical Assistance Eligibility
[§54-61] (effective 11/1/97)
§54 Amends SSL 366(1) to permit medical assistance (MA) eligibility for those eligible
for SNA; persons sanctioned under SSL 342 will remain eligible for MA.
§55 Amends SSL 366(1)(a)(5) MA eligibility
-redefines categorical eligibility to include those who are "certified blind" or
"certified disabled". (This should cover aliens who lose SSI eligibility) and
those who would be eligible for ADC as it existed on 7/16/96.
§56 MA Eligibility [SSL 366(1)(a)(7)]
-extends MA eligibility to a person between the ages of 21 and 65 who is the parent of a
child under the age of 21, who lives with such child and who is financially eligible. This
provides eligibility where there is no deprivation factor.
§57 Extends MA eligibility to the following individuals:
1) Member of a family with dependent child under 18 (or 19 and a student) who is deprived
of parental support and care; income can not exceed TANF eligibility standards as they
existed 11/1/97.
Resources can not exceed $1,000.
Additional resource disregard of the difference between the TANF resource limit and
$1,000.
TANF methodology may not be more restrictive than ADC methodology as it existed
7/16/96.
2) Member of family with a child under the age of 21 who meets the financial
eligibility requirements above but
No child meets the dependent child definition,
or pregnant woman is ineligible because no dependent child resides with her
Child under age 21 who is not living with a caretaker relative who is otherwise eligible
under SSL 366(1)(a)(8).
§57-a Amends SSL 366(1). A person shall not lose MA eligibility as a result of a sanction
imposed under §SSL 342.
§57-b Amends SSL 366(2)(a)(5). Defines "cash assistance program" to be ADC as
it existed 7/16/96 or SSI.
§58 MA Eligibility Adjusted to
CPI [SSL 366(2)(a)(7)]
Medicaid eligibility is 133 1/3% of the ADC level on 7/16/96 and will be increased
annually by the same percentage as the % increase in the federal consumer price index.
§59 Transitional Medical
Assistance [(SSL 366(4)(a)(i)]
Transitional Medical Assistance (TMA) is continued for six months for those who are
eligible under 366 (a)(i)(8) and (9) [The additional six months for families whose incomes
are under 185% of poverty was not repealed].
§60 TMA notice provisions - technical amendments to SSL 366 (4)(b)(i).
§61 Amends 366(4)(3) TMA eligibility for four months retained for to those who lose MA
eligibility because of increase child or spousal support collection.
§62 SSL 49 (2) - technical amendments to provision that defines family as a household of
two or more at least one of whom is under 21 or a pregnant woman.
§63 Technical amendments to SSL 62(5)(a).
§64 Technical amendments to SSL 65(6).
§65 Technical amendments to SSL 67(l).
§66 Technical amendments to SSL 69.
§67 Technical amendments to SSL 92(l)(a).
§68 Technical amendments to SSL 111-g.
§69 Technical amendments to SSL 111-g.
§70 Technical amendments to SSL 111-h(3).
§71 Technical amendments to SSL 131-p.
§72 Technical amendments to SSL 131-u(a)(ii),(iii).
§73 Technical amendments to SSL 131-x.
§74 Technical amendments to SSL 139-a.
§75 Technical amendments to SSL 152-a.
§76 SSL 153-c repealed - special provisions for reimbursement of home relief
expenditures.
§77 SSL 165 repealed - Home relief PASS program, which permits recipients to retain
earnings to assist in removal from relief rolls, but see §47, which only amends this
section.
§78 Technical amendments to SSL §168(4).
§79 Technical amendments to SSL §171.
§80 Technical amendments to SSL §172.
§81 Technical amendments to SSL §174-b.
§82 Technical amendments to SSL §178.
§83 Technical amendments to SSL §211(5).
§84 Technical amendments to SSL §350-a(1)(3).
§85 Technical amendments to SSL §352(2), (1).
§86 Technical amendments to SSL §352-a(1).
§87 Technical amendments to SSL 353(a).
§88 SSL 354 is repealed - This provision permitted anyone with knowledge that ADC was
being improperly granted or administer to file a verified complaint in writing with the
department and gave the department the power to revoke allowances and issue orders to
public welfare officials.
§89 Technical amendments to SSL 355(l).
§90 Technical amendments to SSL 356(1), (2).
§91 Technical amendments to SSL 357.
§92 Technical amendments to SSL 360(1), (3).
§93 SSL 362 is repealed. It specifically applied Title 10 (ADC) of the SSL to the
Commissioner of Public Welfare in Westchester County.
§94 & §95 Managed
care extension for six months. SSL 364-j(ll), (17); SSL 366(4)(k).
Effective 11/1/97, new enrollees in managed care will retain eligibility for six
months, even if they have otherwise lost their medical assistance eligibility.
§96 SSL 365-a(8) repealed (effective 11/1/97). This section required MA
eligibility for those eligible for home relief.
§97 Amendments to SSL 366(4) expanded MA provisions (effective 11/1/97)
- references eligibility for ADC as it existed on 7/16/96.
§98 Amendments to SSL 367-a(7)(d), substituting eligibility under SSL 366(1), (1) or (9)
for HR eligibility and deleting the reference to home relief (Effective 11/1/97).
§99 Technical amendments to the following sections of the SSL 369-d (2)(a), (d) and
(4)(a). (Effective 11/1/97).
§100 Technical amendments to SSL 397(4).
§101 Technical amendments to SSL 407(1).
§102 Technical amendments to SSL 410-a.
§103 Technical amendments to SSL 461-j(1).
§104 Technical amendments County Law 233-a(3).
§105 Technical amendments DRL 236B(7)(b).
§106 Technical amendments DRL 236B(9)(c).
§107 Technical amendments Insurance Law 3230(b)(2).
§108 Technical amendments Insurance Law 7807(a).
§109 Technical amendments Judiciary Law 506.
§110 Technical amendments FCA 423.
§111 Technical amendments FCA 571.
§112 Technical amendments Local Finance Law §2.00(14).
§113 Technical amendments Local Finance Law §90.0(a)(1).
§114 Technical amendments to Local Finance Law 108.00.
§115 Technical amendments to Mental Hygiene Law 31.29(a).
§116 Technical amendments to Military Law §235-a.
§117 Technical amendments to Public Authorities Law §2432(5).
§118 Technical amendments to Public Health Law §2596(3).
§119 Technical amendments to Tax Law §697(e)(3). This section is deemed repealed
when § 120 takes effect.
§120 Technical amendments to Tax Law §697(e)(3).
§121 NY opts out of §115(a) of the PROWRA, which provides that those convicted of
felonies involving the possession, use or distribution of a controlled substance may not
be eligible for assistance under any state program funded with TANF dollars or food
stamps, unless the state affirmatively opts out.
Restructuring
of State Department of Social Services and the Division for Youth
§122 The Department of Social Services (DSS) is renamed the Department of Family
Assistance (DFA) containing two autonomous offices within it:
1. The office of children and family services (OFCS)
The office of temporary and disability assistance (OTaDA)
All powers and duties regarding employment programs are transferred to the Department of
Labor (DOL).
§123 All powers and duties of the Division for Youth (DFY) are transferred to OCFS.
§124 Establishes a children and family services advisory board consisting of the
Commissioner of OFCS and 24 members - 12 to be appointed by the Governor; four each by the
temporary president of the Senate and the Speaker of the Assembly; two each by the
minority leaders of the senate and the assembly. One half of the members shall not be
providers of services. All rules and regulations, other than emergency regulations must be
submitted to the advisory board for review.
§125 Establishes an executive commission, to be appointed by the governor, which shall
develop a legislative proposal to transfer the duties of the former DSS and DFY to OCFS
and OTaDA by 12/1/97 or such later date as agreed to by the governor, the temporary
president of the senate and the speaker of the assembly.
§126 Requires the commissioners of OCFS and OTaDA to enter into a memorandum of
understanding with respect to transfer of functions, the allocation of responsibilities,
and administrative hearing functions.
§127 Amends Executive Law 169 (1)(a)(b) to include the commissioners of OCFS and OTaDA.
§128 Provides for transfer of employees between agencies and describes effect on
collective bargaining units.
§129 Provides for transfer of records.
§130 Provides continuity of authority.
§131 Provides for completion of unfinished business.
§132 Provides that rules and regulations will continue in force and effect.
§133 Provides that references in contracts and documents shall be deemed to refer to
the appropriate new office.
§134 Existing rights and remedies preserved.
§135 Actions or proceedings pending when the restructuring takes effect shall be
prosecuted or defended in the name of the appropriate successor commissioner.
§136 Transfer of appropriations to successor offices.
§137 Transfer of assets and liabilities to successor offices.
§138 & 139 Not withstanding SAPA, §§122-140 may be implemented through emergency
regulations.
§139-a The Commissioner of OCFS must report to the Speaker of Assembly, the Temporary
President of the Senate on 12/1/97, 4/1/98 and 4/1/99 on the status of implementation of
OCFS.
§140 Amends §442(1) of the Executive Law to include OCFS and OTaDA in the council on
children and families.
§141 Reference to home relief in any law or regulation shall refer to Safety Net
Assistance.
Domestic Violence Exemption
§142 Permits victims of domestic violence to be exempted from SSL 349(2) on the basis of
hardship upon the enactment of a chapter of law expressly referring to such a chapter.
This is confusing - SSL 349 uses paragraphs (A) and (B) before numerical sub-paragraphs,
so it is not clear to what section this is referring.
Emergency Regulations
§143 Authorizes the promulgation of emergency regulations to implement this act.
§144 Amends SSL 21 to permit the Commissioner of Social Services to have access to the
Welfare Management System (WMS) for the purposes of maintaining the employment programs
and permits the Commissioner of Health to have access to WMS to administer MA.
Electronic Benefit Transfer
(EBT) System
§144-a Adds a new §21-a to the Social Services Law which requires that
EBT be implemented statewide.
EBT have sufficient access points to assure adequate distribution
department must publish a list identifying the number and location of access points
within each district
department must seek and accept public comment on the adequacy of recipient access
department must work with contractors to establish access points at community centers,
educational and job skills training sites and local housing authorities.
Appropriate training and materials be developed including procedures for reporting and
replacing lost or stolen EBT cards.
§144-b Adds SSL 131(19) to provide that when a recipient claims that an EBT card has been
lost, stolen or destroyed it must be replaced within 48 hours exclusive of weekends and
holidays.
§145 Intentionally omitted.
§146 Amends Labor Law §21 to authorize the Commissioner to supervise social services
districts in the administration of work programs.
§147 Amends Labor Law §537(6) with respect to access to information.
§147-a Repeals SSL §164 which governs work relief programs including
non-displacement provisions, calculation of work hours based on the size of the grant and
8 hr/day 40 hr/week limits.
Public Assistance Employment
Programs
§148 Renames Title 9-B, the JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM, PUBLIC
ASSISTANCE EMPLOYMENT PROGRAMS. It keeps §§330 - 342 intact, making both technical
corrections and some major substantive changes.
SSL §330
Definition of "target group" is deleted.
"Commissioner" means Commissioner of Labor; "department" means the
State Department of Labor.
Recipients of public assistance or medical assistance who are required to participate in
community service or work experience activities are considered public employees for the
purpose of §27-a of the labor law and shall be provided appropriate workers' compensation
or equivalent protection for on the job injuries and tort claims protection on the same
basis but not necessarily the same benefit level as to other persons.
SSL §331
Deletes non-supplantation language regarding day care and adds a sentence which
prohibits discrimination on the basis of race, color, national origin, sex, religion or
handicap in the selection of participants, assignment and treatment.
Exemptions [SSL §332]
Adds to the listed exemptions a person who is deemed disabled under §332-b. Section 332-b
is a new section, discussed below, which defines the new "disability program."
Deletes the following exemptions:
Resident where a program is not available
Caregiver of child under 6 working 20 hours per week
Person employed 30 hours per week
Caregivers of children under 3 are no longer
exempt: a caregiver of a child under one year gets an exemption for a maximum
period of 3 months except as otherwise extended up to 12 months by the social services
official.
Note: This section is effective immediately. A good argument can be made that
parents/caretakers with children over 3 months but under 12 months, should get 3 month
exemption beginning with the effective date of the act.
Pregnant women are only exempt for the 30 day period prior to the
medically verified date of delivery.
Transportation - inaccessible transportation no longer creates an
exemption. Instead "where lack of transportation is a direct barrier to participation
...The local district shall make a reasonable effort to assign the individual to an
appropriate work activity at a site in closest possible proximity to such individual's
residence."
Recipients may still volunteer to participate and must still be informed that they can do
so!!
Retains the language that a participant can not be required to accept a job if it results
in a net loss of income.
Supportive Services [SSL
332-a]
Makes explicit that child care for children up to age 13 shall be guaranteed as a
supportive services if necessary to participate in a work activity
Note: Two year college is defined in SSL 336 and 336-a as a work activity.
Thus, even though it will not count as "engaged in work", districts should be
required to provide child care for those in two year programs.
Deletes requirement that child care be guarantee prior to entering activities, between
activities and during breaks in activities.
Retains transportation, work related expenses, case management and medical assistance as
supportive services.
Disability Program - New:
[SSL 332-b] (effective 11/1/97).
A person eligible to receive comprehensive health services under SSL 364-j shall be
considered disabled and unable to engage in work activities or shall be considered work
limited.
SSL 364-j(m) says that mental health special needs plan shall have the same meaning as
Public Health Law (PHL) §4403-d
SSL 364-j(n) says that comprehensive HIV special needs plan shall have the same meaning as
PHL 4403-c
DSS must inquire upon application, recertification and whenever they have reason to
believe that a disability may exist, whether an individual has any medical condition which
would limit his or her ability to participate in work activities.
Notice must be provided giving the individual 10 calendar days to obtain documentation of
the disability. The documentation must:
-contain a specific diagnosis and
-particularize work related limitations.
The district may in its sole discretion accept such
evidence and modify work assignments.
If district determines that documentation is insufficient, the individual asserting
this disability shall be referred to the Office of Disability Determinations (ODD). The
health care practitioner must
-consider all records provided
-make a specific diagnosis
-determine if the individual is
disabled and unable to engage in work activities in which case the person is exempt;
work limited - able to engage in activities with stated limitations;
neither disabled or work limited.
If person is referred to ODD, prior to submitting medical documentation, he or she must
bring his or her medical records to ODD no later than 4 business days after said
examination unless he or she can demonstrate good cause for failure to provide such
records.
Where an applicant or recipient has requested, or an LDSS has directed a determination
under this section no assignment may be made to a work activity until completion of such
determination unless the applicant or recipient agrees.
Applicant will be notified of right to fair hearing when they receive the disability
determination. If a timely fair hearing is requested, no assignment to work activities may
be made unless the applicant or recipient agrees to a limited work assignment
However, the statute nullifies this entire provision by stating that "... if the
district determines, based on clear medical evidence that there is no basis for the
individual's claim and that the individual intentionally misrepresented his or her medical
condition, the district can send the applicant or recipient a notice of potential
sanction, and the recipient can be subject to sanction.
Local plans are still required [SSL
333].
Plans no longer must describe the availability of child care by type, or set forth an
estimate of care needed or describe a plan to meet the need for child care. They need not
describe how participants will be assisted in locating child care.
Orientation [SSL 334]
This section remains intact with only technical changes
Assessments and employability
plans [SSL 335] (effective 11/1/97).
All recipients age 18 or over in a household with dependent children [and 16 &17 year
olds who are not attending school], must be assessed within 90 days of the date on which
they are determined eligible for public assistance.
Applicants and recipients may be assigned to work activities prior to completion of such
assessment.
Employability plans "to the extent possible" must reflect the preferences of the
participant.
Applicants who fail to participate in assessments will be ineligible for public
assistance. Recipients who fail to participate will be subject to sanctions under SSL
§342.
The requirement that two choices of regulated care be offered when assistance in securing
child care is sought, has been deleted, but has been replaced in SSL 342 with the
provision that if the parent can demonstrate an inability to find needed care, district
must provide a chance of two providers, only one of whom must be regulated.
Assessments
and employability plans for certain recipients in households without children. [SSL
335-a] (effective 11/1/97).
Recipients in households without children must be assessed within one year. Sanctions for
failure to participate are the same as in §335.
Both §335 and §335-a permit assignment to an education program where the assessment
indicates that the applicant has not obtained a basic literacy level.
Mandatory Work Assignments [SSL
335-b]
Requires each social services district to meet or exceed TANF participation rates for all
families as follows:
FFY 1997 - 25%
1998 - 30%
1999 - 35%
2000 - 40%
` 2001 - 45%
2002 - 50%
For two parent families and households without exempt adult receiving safety net
assistance the rate is
FFY 1997 & 1998 - 75%
1999 - 90%
The Commissioner shall promulgate regulations which define participation rate.
Minimum work hours necessary to be included in the participation rate:
for all families
FFY 1997 - 1998 - 20 hrs/week
1999 - 25 hrs/week
2000 - 30 hrs/week
two parent families - 35 hrs/week
two parent families receiving federally funded child care assistance are only considered
participating if
-There is a child under 6 in the household and are parent is working an average of 20
hours per week and the other is also working at least 20 hours per week
Engaged in Work - This is the phrase used to define those
participating in work activities.
The activities which constitute such engagement are defined in SSL 336- (a - i); (a - e)
for households without children.
Job search is limited to 6 weeks, only 4 of which may be consecutive.
A recipient with a child under 6 is engaged in work if the work hours average 20 hrs/week.
All parents and caretakers must be engaged in work as soon as practicable but not later
that than 24 months from receipt of initial assistance.
Work limited individuals may only be assigned to work activities if such assignment:
-is consistent with the individual's treatment plan or if no treatment plan exists, is
consistent with the individuals' mental and physical limitations.
-will assist the transition to self sufficiency
If complying with a treatment plan, such individuals are deemed to be engaged in work.
Work Activities - [SSL §336]
unsubsidized employment
subsidized private sector employment
subsidized public sector employment
work experience in the public sector or non-profit sector
on the job training
job search and job readiness assistance
community service
-The hours required under this section shall not exceed a number which equals the value
of assistance paid (including food stamps) divided by the higher of the federal or state
minimum wage.
No assignment shall be more than 40 hours per week. No community service assignment
shall be made if the activity conflicts with a bona fide religious belief.
vocational education training
job skills training
education directly related to employment, in the case of a recipient who has not
received a diploma or a GED
satisfactory attendance at secondary school or GED
provision of child care to a person who is participating in community service
job search and job readiness
educational activities as defined in SSL 336-a
Note: For families with children activities (a)-(i) count as being engaged
in work. For households without children, only activities (a)-(e) count.
No person may be required to provide child care services as a work activity unless the
participant expressly requests this in writing
No person may be required to participate in assigned activities for more than 40 hours per
week
Social services districts may enter into agreements with public and private employment
agencies to assist recipients to find jobs
Local districts may require other activities if
-they meet the goal of this statute
-are consistent with the requirements of the labor law
-are enumerated in the districts local plan
Family Courts may assign the non-custodial parents on public assistance to the
WEP program and report failure to comply
Educational Activities [SSL
§336-a]
Maintains most of the existing educational activities, including two year college. Deletes
provision which says a person can not be assigned a work activity which interferes with
school attendance, (but see section below, SUNY/CUNY students).
Person pursuing educational activity may not be reassigned until an assessment has been
conducted and an employability plan has been developed.
Repeals on the job training for recipients of home relief [SSL 336-b].
Work Experience Programs [SSL
336-c].
Community work experience is renamed Work Experience.
-can not be required to work a number of hours which equals the amount of assistance
payable divided by the higher of the state or federal minimum wage.
-repeals requirement that subtracts child support collected from the forgoing
calculation.
-requires workers' compensation and tort claims protection on the same basis but not
necessarily the same benefit level as other persons;
-must serve a useful public purpose;
-assignment may not displace any currently employed worker or fill the job of someone who
has been laid off or infringe promotional opportunities or result in the loss of a
bargaining unit provision and may not be at the work site of a strike or lock out.
-Deletes the section that states that no lien may be asserted against payments of
public assistance if said payments were included in the calculation of hours of
participation under WEP.
Monthly Reports
Public employers must publish monthly reports which summerize the employer's work
experience program, including:
-the agencies or departments where participants are assigned;
-work locations, job duties and assignments;
-hours and period worked.
Reports must be provided to certified collective bargaining representative and may not
be re-disclosed.
SUNY/CUNY Students
SUNY/CUNY and other students in approved non-profit education, training or vocational
rehabilitation programs who have a cumulative C average must be assigned to an on campus
work site if available. If not available, assignment must be within reasonable proximity
to the campus. The C average requirement may be waived based on undue hardship based on
the death of a relative of a student, personal illness or injury of a student or other
extenuating circumstances.
Job Search [amends SSL 336-d]
-upon request, must prove "active and continuing effort to achieve
self-sufficiency," including active and continuing search for employment.
-affirmative duty to accept any offer of lawful employment;
-failure of LSSD to assign recipients to activities shall not relieve them of
requirements, failure to comply with which shall result in sanction.
Subsidized Public
Sector Employment Programs [Amends SSL 336-e]
LSDSS may establish a subsidized public sector employment program including a grant
diversion program.
Assignment must be appropriate and reasonable.
-Recipient must be deemed an employee and receive the same benefits as similarly situated
existing employees.
-Recipient must be given the opportunity to work sufficient hours to earn a net wage of at
least the amount that the person would have received as a public assistance recipient,
including the amount for dependents. Net wage includes a deduction for federal state and
local taxes and union dues.
Requires similar non-displacement provisions to SSL 336-c
Subsidized
Private Sector and Not for Profit Employment Programs [SSL 336-f]
Repeals work supplementation
-permits districts to establish subsidized private sector and not for profit employment
programs
-may include grant diversion
-must be considered an employee for purposes of collective bargaining agreement and
labor laws
-contains non-displacement provisions
Employer must certify that they have not, within the past 7 years, been convicted of a
felony or misdemeanor including work place safety and health or labor standards. Must
certify all violations issued by DOL within the last 5 years. A pattern of violations may
render the employer ineligible.
On the Job Training for ADC [Repeals SSL 336-g]
Employment Alternatives Partnership Program [Repeals SSL 336-h]
Reports
Amends SSL §339 to require sufficient and timely reports to meet federal reporting
requirements. Deletes requirement for yearly JOBS reports.
Technical Assistance [SSL 340] - makes technical amendments to
this section.
Conciliation
Retains conciliation in SSL 341 with only technical amendments
Sanctions [SSL 342]
A parent of caretaker relative shall have good cause for not complying with work rules and
shall not be subject to sanction if he or she
-has a child under age 13
-can demonstrate lack of available child care.
The social services district shall provide a parent or caretaker who demonstrates an
inability to obtain needed child care with a choice of two providers, at least one of whom
shall be regulated.
If sanctioned applicant or recipient is the parent or caretaker of a dependent child,
sanctions shall reduce the grant on a pro-rata basis
-1st instance of non-compliance - until compliance
-2nd instance of non-compliance - 3 months or compliance
-3rd instance of non-compliance - the longer of 6 months or compliance
If the sanctioned individual is a member of a household without dependent children,
assistance shall be reduced pro-rata:
-1st instance of non-compliance - longer of 90 days or compliance
-2nd instance of non-compliance - longer of 150 days or compliance
-3rd & subsequent instance - longer of 180 or compliance
A recipient who voluntarily quits or reduces hours of employment will be sanctioned in
accordance with the requirements of this section. [§42 provides that applicants
still get 90 day sanction].
§148-a Amends §596(3) of the Labor Law
Permits overissuances of FS to be recouped from FS benefits at a rate of 10% or $10 unless
the recipient authorizes a greater amount in writing.
§148-b Food Assistance Program
[SSL 95(10)]
Permits social services districts to operate a food assistance program for aliens who lost
eligibility under the PRWORA if they were living in the United States on 8/22/96, and are
under 18 or elderly or disabled.
Social Services districts must pay for 50% of the non-federal share of operating FAP.
§149 Data Collection
Requires collection of a fairly long list of data including
-number of PA applicants by program
-reason for denials
-number of applicants who have resided in the state less than 12 months
-work activities, exemptions, education and training, sanctions, hearings outcomes,
case closings, transitional benefits, domestic violence screening.
The first report is due no later than 12/2/98 and annually thereafter
By 2/15/98, the Commissioners of OTaDA, Labor and Health must develop a plan to provide
the legislature with access to WMS.
§150 Amends the Civil Practice Law and Rules §212 regarding recovering under an
affidavit of support on behalf of an alien.
Privatization
§151 Adds a new §20-c to prohibit the department to enter into any contracts with
private entities except as specifically set forth in the appropriation for system support
and information services program in OtaDA.
Permits local social services districts to contract for the performance of functions,
duties or obligations so long as
-collective bargaining organization (CBO) get 60 days notice;
-CBO is permitted the opportunity to competitively bid;
-local district has considered whether contract will result in actual cost savings.
1. "The Department" used to be the New York State
Department of Social Services. It is in the process of being named the Office of Temporary
and Disability Assistance (OtaDA). See § §122-140.
2. Qualified aliens are defined in §431(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA).
3. Technical amendments refer to changes such as changing "home
relief" to "safety net assistance," or "aid to dependent
children" to "family assistance punctuation," or "public welfare"
to "social services."
4. The state income standard (SIS) is the federal poverty level as
it is adjusted annually by the state. It exactly corresponds to poverty for a family of
four. It is smaller than federal poverty for smaller size families and larger for larger
families.
Susan C. Antos
8/28/97
