Incident Summary
Clarkstown authorities have filed over two dozen fire and safety violations against Aaron and Chany Altman for operating a daycare in unsafe conditions. More than 80 children, aged 3 months to 5 years, were found packed in windowless basement spaces near hazards such as boilers and exposed wiring. The daycare operated without necessary town and state permits, lacked building permits, fire suppression systems, and exceeded state capacity guidelines, which allow only 23 children for the space in question. The facility was shut down by Rockland Child Protective Services, local inspectors, and police. The Altmans have also been charged with a misdemeanor for endangering the welfare of children, which carries potential jail time and fines. Town authorities seek over $50,000 in fines, and a permanent closure order was issued. The case will proceed in Clarkstown Justice Court. The operators contested the need for a permit on religious grounds.
Original article: https://lohud.com/story/news/local/rockland/clarkstown/2023/07/10/clarkstown-accuses-daycare-operators-of-hazardous-conditions-environmental-hazard/70397191007/
Legal Aspects of the Incident
Legally, the daycare operators face multiple liabilities:
- Operating without proper local and state permits violates zoning, building, and licensing laws required to ensure child safety.
- Overcrowding and dangerous placement of children breach health and safety statutes designed to prevent injury and fatalities.
- Failure to maintain fire safety equipment and allow safe egress endangers children’s physical welfare.
- The criminal charge for endangering the welfare of a child indicates that knowingly or recklessly placing children in hazardous conditions can lead to felony or misdemeanor prosecution.
- The conflict between religious freedom claims and regulatory compliance highlights the limits on using religious protections to circumvent health and safety laws.
Daycare owners facing such allegations should engage experienced daycare attorneys or daycare defense lawyers skilled in OCFS regulations and municipal codes to protect their legal rights and navigate license challenges or court proceedings.
Potential Violations of OCFS Part 416 Regulations (Group Family Day Care)
Though this daycare may not have been licensed as a group family daycare, if it had been or if relevant:
- 416.15(b)(18)-(22): Notification to fire and police: The lack of notification of operation to local fire and police undermines emergency readiness.
- 416.15(b)(14) and (19): Reporting serious incidents or changes affecting building safety, which was not done.
- 416.16: Health and safety supervision requirements likely violated by overcrowding and unsafe physical spaces.
These provisions emphasize licensure, notification, and reporting duties crucial for safe operation and emergency response readiness .
Potential Violations of OCFS Part 418-1 Regulations (Child Day Care Centers)
Likely violated key provisions related to premises, safety, and fire protection:
- 418-1.2(a)(4), (7), (8), (9): Licensing requirements including documentation from local health, fire code compliance, fire suppression equipment, and boiler inspection certificates missing.
- 418-1.3 (a)-(f), (j), and (q): Facility physical space and design: Use of windowless basements, inadequate ventilation/light, proximity to boiler, and overcrowding exceed licensed capacity and violate space per child and ventilation rules.
- 418-1.4 Fire Protection: Absence of required fire detection, alarm systems, extinguishers, and fire suppression equipment; failure to conduct evacuation drills; failure to maintain safe and accessible means of egress.
- 418-1.5 Safety: Keeping children near hazardous equipment (boiler), the lack of immediate safety precautions to prevent injury and death, and failure to provide a written emergency and evacuation plan.
- 418-1.15(b)(21) and (22): Parental access to policies, inspection reports, and contact information that would be unavailable or insufficient.
Basements used without proper approvals and safety measures, overcrowding, and failure to maintain fire and building code standards are egregious violations justifying suspension or revocation of licenses .
Potential Violations of DOHMH Article 47 (NYC Health Code for Child Care)
Although this case is outside NYC jurisdiction, similar code standards include:
- §47.07 Permit approvals: No certificate of occupancy, fire safety statements, or criminal background clearances submitted before operation.
- §47.41 Indoor physical facilities: Use of basement spaces below ground level for infants and toddlers is prohibited unless specifically approved; windows without guards, obstructed exit ways, uncontained fire and safety hazards.
- §47.75 Closing and enforcement: Operating without a permit is an imminent health hazard warranting closure without further proceedings. Use of facility without fire safety and health approvals endangers children, warranting fines and possible criminal action.
- §47.05 Program capacity limits: Exceeding capacity stated in permits is prohibited.
The hazardous and overcrowded basement use, lack of permits, and safety failures violate many Article 47 provisions mandating safe, approved facilities with adequate supervision, emergency plans, and fire safety compliance .
Conclusion
The case against the daycare operators involves profound infractions of permit requirements, facility safety, fire codes, capacity limits, and child welfare laws as outlined in OCFS Part 416, Part 418-1 regulations, and DOHMH Article 47. The hazardous, overcrowded, improperly permitted use of basement spaces places children at grave risk. Daycare defense attorneys in New York must be vigilant in challenging or mitigating such allegations while emphasizing compliance, proper licensing, and the critical importance of maintaining child health and safety standards.
Owners confronted with potential daycare revocation or suspension should seek specialized daycare attorneys and daycare defense lawyers experienced with OCFS and DOHMH regulatory frameworks to protect their interests in court and scope of operating permits.
