N.Y. Social Services Law § 335 (2026)

§ 335. Assessments and employability plans for certain recipients in
households with dependent children. 1. Each social services official
shall ensure that each recipient of public assistance who is a member of
a household with dependent children and is eighteen years of age or
older, or who is sixteen or seventeen years of age and is not attending
secondary school and has not completed high school or a high school
equivalency program, receives an assessment of employability based on
his or her educational level, including literacy and English language
proficiency, basic skills proficiency, child care and other supportive
services needs; and skills, prior work experience, training and
vocational interests. This assessment shall include a review of family
circumstances including a review of any special needs of a child and
whether home visiting services would be appropriate and beneficial for
the family. Such assessment shall be completed within ninety days of the
date on which such person is determined eligible for public assistance.
An applicant for or recipient of public assistance may be assigned to
work activities prior to completion of such assessment.
  2. (a) Based on the assessment required by subdivision one of this
section, the social services official, in consultation with the
participant, shall develop an employability plan in writing which shall
set forth the services that will be provided by the social services
official, including but not limited to child care and other services and
the activities in which the participant will take part, including child
care and other services and shall set forth an employment goal for the
participant. To the extent possible, the employability plan shall
reflect the preferences of the participant in a manner that is
consistent with the results of the participant's assessment and the need
of the social services district to meet federal and state work activity
participation requirements, and, if such preferences cannot be
accommodated, the reasons shall be specified in the employability plan.
The employability plan shall also take into account the participant's
supportive services needs, available program resources, local employment
opportunities, and where the social services official is considering an
educational activity assignment for such participant, the participant's
liability for student loans, grants and scholarship awards. The
employability plan shall be explained to the participant. Any change to
the participant's employability plan required by the social services
official shall be discussed with the participant and shall be documented
in writing.
  (b) Where an assessment indicates that a participant who is not
subject to the education requirements of subdivision four of section
three hundred thirty-six-a of this title has not attained a basic
literacy level, the social services official shall encourage and may
require the participant to enter a program to achieve basic literacy or
high school equivalency or to enter such educational programs in
combination with other training activities consistent with the
employability plan.
  (c) Where an assessment indicates that home visiting services would be
appropriate and beneficial to the public assistance household, and such
services are available, the local social services official shall
encourage the recipient to participate in such services. To the extent
that such participant is interested in receiving home visiting services,
the local social services official shall assign the participant to a
work activity in accordance with paragraph (f) or (m) of subdivision one
of section three hundred thirty-six of this title, where such home
visiting services shall count towards the individual's work requirements
as set forth in section three hundred thirty-five-b of this title.
  3. Each applicant for or recipient of public assistance as described
herein must participate in an assessment as required by the social
services district in accordance with the conditions of this section.
Applicants who fail or refuse to participate with the requirements of
this section shall be ineligible for public assistance. Recipients who
fail or refuse to participate with the requirements of this section
shall be subject to the sanctions set forth in section three hundred
forty-two of this title.
  4. A local social services official shall, pursuant to department
regulations developed in consultation with the department of education,
and the department of social services or its successor agencies use
designated trained staff or contract with providers having a
demonstrated effectiveness in performing assessments and developing
employability plans to perform assessments and develop employability
plans.
  5. A social services district shall assign participants to activities
pursuant to their employability plans to the extent that child care is
guaranteed and other services as prescribed by section three hundred
thirty-two-a of this title and section four hundred ten-u of this
chapter are available. The district shall provide information to
participants orally and in writing, as appropriate, regarding child care
and the methods of payment therefor. Such information shall be
sufficient for participants to make an informed decision regarding child
care.
  6. Nothing in this section shall be construed to prevent a social
services official from providing an assessment more detailed or
comprehensive than the requirements set forth in this section.