NYS: Child/staff ratio not met at child care? What are the legal implications?

Question

I am the site director at a before/after school care program at a local elementary school. My program is run by the YMCA and we have 22 children in the afternoon. There is a 1:10 ratio between staff/ children. There is only myself and another woman working at the site and so the ratio is not being met. When I ask about further staff I have been told that there is a hiring shortage. They can't find anyone to fill the position.

What are my legal responsibilities as site director? Can I be sued for not meeting ratio when it is my employer who is not hiring the necessary staff? What steps can I take to protect myself?

I don't want to quit. I love the kids and the job. Plus the school is about five minutes away from my house. I want what is best for the kids as well as myself, but I can't be responsible for something I have no control over. Any and all thoughts/information is greatly appreciated.

Would it help me protect me if I documented every time that I told my boss that I need another staff member?

Answer 1

Legal implications are that the site could be shut down if authorities get wind of the understaffing. Also, if anything happens to one of the kids, could be very bad in a lawsuit. I'd tell whoever you report to that you need to drop 2 of the kids from the afternoon sessions if they can't hire another staff member.