Relates to a local social services district's conciliation procedure following a public recipient's noncompliance with mandated work activities

BILL NUMBER:S2051

Title of bill

An act to amend the social services law, in relation to the local social services district's conciliation procedure following a public assistance recipient's noncompliance with mandated work activities

Summary of provisions

This bill would amend Social Services Law § 341(1) to clarify that prior to applying sanctions against a public ass~stance participant for failing to comply with employment requirement, the local social service district need only find that the public assistance participant failed to comply "without good cause."

Reasons for support

Social Service Law 341(1) provides for a conciliation procedure at which a public assistance participant who has failed to comply with employment requirements is given an opportunity to explain their reason for noncompliance. If the local social services district ("LSSD") matter is not resolved during the conciliation, then the LSSD notifies the participant in writing by serving a notice of intent to reduce or deny the public assistance grant and informs the client of the right to a fair hearing.

This legislation clarifies that in order for a LSSD to make a decision not to resolve the matter at the point of conciliation, a LSSD must determine that the individual has acted without good cause. This standard was historically applied by LSSDs but confusion has developed because of language in Social Service Law 341(1), which requires a finding of "willfulness" as well as lack of "good cause."

Under state regulations "good cause" is deemed to include "circumstances beyond the individual's control, such as, but not limited to, illness of the member, illness of another household member requiring the presence of the member, a household emergency, or the lack of adequate child care for children who have reached age 6 but are under age 13," 18 NYCRR 385.12 (c) (1); see SSL 341 (6). Good cause is a standard that is easily understood and applied. An additional determination of "willfulness," however, is not easily understood and nearly impossible to apply because it requires a determination of the participant's intent at the time of the participant's failure to comply.

Moreover, requiring a determination of "willfulness" is not consistent with the intent of the statute. It appears the additional requirements in Section 341(1) were left in the statute inadvertently when the Legislature implemented welfare reform in 1997. Section 148 of Chapter 436 of the Laws of 1997 ("The Welfare Reform Act of 1997") added a new Section 342, providing sanctions for failure to participate in work activities "without good cause." Section 342 contains no "willfulness" requirement. This proposed amendment reconciles the two provisions to be consistent with the intent of the State's welfare reform law. It will also assist LSSDs to meet required federal work participation rates by

simplifying and clarifying the element of intent for compliance with welfare reform employment activities.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

Effective date

Immediately.