Complaint Investigation Report

The witness said that, after initiating conversation, the staff members identified themselves as representatives of Zencar day program. This individual is a credible witness and provided a signed statement affirming the details of their firsthand observations.

LPA Moleski interviewed the two staff members involved in this incident (S1-S2). Both staff members said they were waiting inside the van with three clients (C1-C3) while waiting for their driver (S3), who was in the park bathroom at the time the witness approached them. S1 said they were “resting in the van,” but denied being asleep. S1 said they were not sure if S2 was asleep. S2 said they were “relaxing” in the van while using their cell phone, but denied being asleep. S3, the driver, said that S1 and S2 were awake both before S3 went to the park bathroom and after S3 returned, although S3 was in the bathroom for an estimated 15 to 20 minutes.

LPA Moleski attempted to interview the clients who were present at the time (C1-C3). C1-C3 are nonverbal and did not respond verbally to LPA Moleski. C1 and C2 did not acknowledge LPA Moleski when he initiated conversation. C3 nodded affirmatively in response to all questions asked by LPA Moleski, even contradictory questions, indicating that C3 did not understand what was being asked.

LPA Moleski interviewed four additional clients of this day program who are verbal (C4-C7), and four additional staff members (S4-S7). C4, C6, and C7 denied having seen staff members asleep on the job, and C5 did not directly answer the question. S4-S7 denied having seen other staff members asleep on the job.

LPA Moleski surreptitiously visited the park where the incident as described above occurred on May 12 and May 27. On the first occasion, LPA Moleski observed a day program van visit the park with clients in care. On this first occasion, LPA Moleski observed staff to be awake and actively supervising clients. LPA Moleski did not observe day program staff or clients visiting on the second occasion.