2 Arrested, Now Charged With Child Endangerment In 'Deeply Troubling' Illegal Daycare Case: Police

NEW CITY, NY — Criminal charges have now been filed in a case involving what officials contend was an illegal daycare in the Town of Clarkstown.

On July 7, around 9 a.m., the Clarkstown Police Department assisted the Town of Clarkstown Building Department in executing a search warrant at 86 and 96 Maple Avenue in New City. The warrant was issued at the request of the Building Department after its concerns about an unlicensed daycare operating at the address.

SEE ALSO: Officials Say Illegal Daycare Shuttered: 'I Don't Know What These People Were Thinking'

During the execution of the warrant, members of the Clarkstown Building Department Code Enforcement Unit, along with Clarkstown Fire Department inspectors, documented conditions at both properties. They determined that around 69 children and 20 adults were present at the location. Further inspection of the basement at 96 Maple Avenue found around 30 cribs, along with blankets and changing stations, although the basement was unoccupied at the time, inspectors said.

Referrals were made to both the Clarkstown Police Juvenile Aid Bureau and Rockland County Child Protective Services (RCCPS).

After a secondary inspection by RCCPS on July 8, the facility was deemed unsafe, and the Camp Smiley daycare was ordered closed, with all children to be sent home immediately.

"The conditions uncovered at this daycare were deeply troubling, and will not be tolerated in Clarkstown," Town Supervisor George Hoehmann said. "No family should have to worry about the care their child is receiving. We are grateful for the swift and coordinated efforts of our Code Enforcement Officers, Fire Inspectors, the R.C. Child Protective Services and the Juvenile Aid Detectives from the Clarkstown Police Department, whose thorough investigation led to the charges filed against the owners. Their dedication reflects the unwavering commitment of the Town of Clarkstown and its partner agencies to protecting our most vulnerable residents, our children."

Following a joint investigation, police say that 35-year-old Aron Altman, and 35-year-old Chana Altman, both of Pomona, were arrested and charged with misdemeanor endangering the welfare of a child, which "encompasses actions that knowingly place a child's physical, mental, or moral welfare at risk, or the failure to exercise reasonable care to prevent harm."

The Altmans were released on an appearance ticket pending further judicial proceedings.

In addition to the criminal charges, the Town of Clarkstown has also brought forth Town Code charges related to several violations of the town's regulations. The code matters are being pursued by the Town of Clarkstown Attorney's Office and are scheduled to be heard in Clarkstown Justice Court.

Earlier this month, attorneys for the congregation that operated the facility told the judge in a letter, that rather than being an illegal facility, the daycare falls under widely accepted exemptions for religious organizations.

"The Defendant Congregation is a House of Worship and has a Certificate of Occupancy confirming the same," lawyers wrote. "As a House of Worship, it conducts religious services, religious education, and daycare outreach ministries (like any other Christian Church of Jewish Congregation). It is not a commercial daycare center."

The daycare's lawyers said the town's entire complaint is founded on wrong assumptions about a religious daycare.

"Daycares within religious schools are treated differently under the State daycare regulations," the legal team told the judge. "A religious daycare, religious education, and/or religious schools are considered ministries or outreaches of a religious corporation. This Congregation is a New York Religious Corporation. Typically, many Orthodox daycares and schools are affiliated with a Congregation."

In this case, the lawyers said, Congregation Morah Chany is a Religious Corporation formed under the New York Religious Corporation Law.

"But a Congregation is much more than a house of worship," the attorneys told the court. "It can be a Shul for worship on Shabbos. But it can also have outreach ministries like a school, a childcare, a daycare, a camp and so forth... A New York childcare license is not required for a religious daycare center if the organization running the center is a religious entity such as a Jewish congregation or a church or mosque. Of course, religious daycare centers can choose to become licensed for broader activities as a commercial daycare."

Police, however, say that licensed or not, the conditions at the facility were unacceptable.

"The conditions uncovered at the daycare were deeply concerning and posed a direct threat to the safety and well-being of the children in their care," Clarkstown Police Chief Jeff Wanamaker said. "The Clarkstown Police Department treats all crimes involving children, the most vulnerable members of our community, with the highest level of seriousness and urgency. The professionalism, diligence, and teamwork throughout this investigation were instrumental in bringing the facts to light and ensuring that appropriate charges could be filed. Protecting our children is not just a responsibility, it is a commitment we uphold every day."