§ 341-A — Re-engagement; conciliation; refusal to participate

New York § 341-A

• Jurisdiction: New York
• Law SOS: Social Services
• Title 9-B: Public Assistance Employment Programs
• Art. 5: Assistance and Care

Text

§ 341-a. Re-engagement; conciliation; refusal to participate. 1. The\nprovisions of this section shall apply to persons who are residents of a\ncity having a population of one million or more people.\n 2. (a) Consistent with federal law and regulations and this title, if\na participant has failed or refused to comply with the requirements of\nthis title and the district has determined that he or she is not exempt\nfrom such requirements and has verified that appropriate child care,\ntransportation, and accommodations for disability were in place at the\ntime of such failure or refusal, the social services district shall\nissue a re-engagement notice in plain language indicating that such\nfailure or refusal has taken place and of the right of such participant\nto avoid a pro-rata reduction in public assistance benefits through the\nre-engagement process. "Re-engagement process" shall mean the process\nthrough which a participant may avoid a pro-rata reduction in public\nassistance benefits by agreeing to comply with the requirements of this\ntitle consistent with any medical condition which may limit the\nindividual's ability to participate in work activities, by notifying the\ndistrict that he or she has become exempt from the requirements of this\ntitle, or by resolving the reasons for such failure or refusal at a\nconciliation conference. The notice shall indicate that the participant\nhas ten days to request re-engagement with the district. The notice\nshall indicate the specific instance or instances of willful refusal or\nfailure to comply without good cause with the requirements of this title\nand the necessary actions that must be taken to avoid a pro-rata\nreduction in public assistance benefits and the district has verified\nthat appropriate child care, transportation and accommodations for\ndisability were in place at the time of such failure or refusal.\n (1) If a participant chooses to avoid a pro-rata reduction in public\nassistance benefits through a conciliation conference, it will be the\nresponsibility of the participant to give reasons for such failure or\nrefusal. The re-engagement notice shall also include an explanation in\nplain language of what would constitute good cause for non-compliance\nand examples of acceptable forms of evidence that may warrant an\nexemption from work activities, including evidence of domestic violence,\nand physical or mental health limitations that may be provided at the\nconciliation conference to demonstrate such good cause for failure to\ncomply with the requirements of this title. Unless as part of the\nre-engagement process the participant does not agree to comply, has not\nbecome exempt or the district determines as a result of the conciliation\nconference that such failure or refusal was willful and without good\ncause, no further action shall be taken.\n (2) If the participant does not contact the district within ten days\nof the re-engagement notice, the district shall make a finding of\nwhether the alleged failure or refusal to comply was willful and without\ngood cause and shall consider any evidence in the possession of the\ndistrict indicating that the participant has good cause and if the\nparticipant is otherwise participating in work activities, there shall\nbe no finding of willfulness without good cause based on a single\nappointment or infraction.\n (b) If the district determines that such failure or refusal was\nwillful and without good cause, and that the individual is not exempt\nfrom the requirements of this title, the district shall notify such\nparticipant in writing, in plain language and in a manner distinct from\nany previous notice, by issuing ten days notice of its intent to\ndiscontinue or reduce assistance. Such notice shall include the reasons\nfor such determination, the specific instance or instances of willful\nrefusal or failure to comply without good cause with the requirements of\nthis title, shall verify that appropriate child care, transportation and\naccommodations for disability were in place at the time of such failure\nor refusal, and specify the necessary actions that must be taken to\navoid a pro-rata reduction in public assistance benefits, including\nagreeing to comply with the requirements of this title consistent with\nany medical condition which may limit the individual's ability to\nparticipate in work activities or notifying the district that he or she\nhas become exempt from the requirements of this title and the right to a\nfair hearing relating to such discontinuance or reduction.\n 3. (a) The department shall establish in regulation a conciliation\nprocedure for the resolution of disputes related to an individual's\nparticipation in programs pursuant to this title.\n (b) The district shall contract with an independent entity, approved\nby the department, or shall use designated trained staff at the\nsupervisory level who have no direct responsibility for the\nparticipant's case to mediate disputes in the conciliation conference.\n (c) If a participant's dispute cannot be resolved through such\nconciliation procedure, an opportunity for a fair hearing shall be\nprovided. No sanction relating to the subject dispute may be imposed\nduring the re-engagement process.\n 4. When any participant required to participate in work activities\nfails to comply with the provisions of this title, the social services\ndistrict shall take such actions as prescribed by appropriate federal\nlaw and regulation and this title.\n 5. Consistent with federal law and this title, a social services\ndistrict shall provide to those participants whose failure to comply has\ncontinued for thirty days or longer a written reminder of the option to\nend a sanction by terminating the failure to comply as specified in\nsubdivision two of this section. Such notice shall advise that the\nparticipant may immediately terminate the sanction by either agreeing to\ncomply with the requirements of this title consistent with any medical\ncondition which may limit the individual's ability to participate in\nwork activities or notifying the district that he or she has become\nexempt from the requirements of this title.\n 6. Consistent with federal law and regulation and this title, no\nnotice shall be issued as specified in subdivision two of this section\nunless it has been determined that the individual is not exempt from the\nrequirements of this title and has determined that appropriate child\ncare, transportation and accommodations for disability were in place at\nthe time of such failure or refusal to comply with the requirements of\nthis title and no action shall be taken pursuant to this section for\nfailure to participate in the program or refusal to accept employment\nif:\n (a) child care for a child under age thirteen (or day care for any\nincapacitated individual living in the same home as a dependent child)\nis necessary for an individual to participate or continue participation\nin activities pursuant to this title or accept employment and such care\nis not available and the social services district fails to provide such\ncare;\n (b) (1) the employment would result in the family of the participant\nexperiencing a net loss of cash income; provided, however, a participant\nmay not claim good cause under this paragraph if the social services\ndistrict assures that the family will not experience a net loss of cash\nincome by making a supplemental payment;\n (2) net loss of cash income results if the family's gross income less\nnecessary work-related expenses is less than the cash assistance the\nparticipant was receiving at the time the offer of employment is made;\nor\n (c) the participant meets other grounds for good cause set forth by\nthe department in its implementation plan for this title which, at a\nminimum, must describe what circumstances beyond the household's control\nwill constitute "good cause".\n