Autistic Brother Is Telling Us Someone Kicked Him At Daycare

Location: New Jersey

Hi,

Hoping this is the right subreddit to come to and hoping that I’m picking the right flair. I have an autistic brother that goes to daycare M-F (he’s over 21) with other autistic people. My brother is unable to speak in full, clear sentences without being guided (such as asking examples for further details) and whenever something occurs, like if he accidentally injures himself he’ll come to us and yell something like “boo-boo!” or if he steps on something wet, he’ll say “wet!”

Toward the end of last week, my mom noticed that my brother had a pretty noticeable scrape wound on my brother’s shin. My mom took a video of the conversation between her and my brother, I will transcribe:

My mom: “I saw this [wound] today, what happened?”

Brother: “I got hurt by (chaperone)”

Mom: “Oh wow, how?”

Brother: “By his shoe”

Mom says “by his shoe?” back to my brother to confirm, brother says yes

Mom then asks my bro why, he says he doesn’t know. Mom asked when the injury happened and my brother says yesterday, mom asks where it happened and my brother says “at the day program.”

Whenever my brother is unsure or can’t answer a question if someone has done something, he will say multiple different names like me or my sisters’ names. My mom asked him if I hurt him or if another sister hurt him (she knows it wasn’t us, we would never do that, she just wanted to see if his answer would change) and he kept saying the said chaperone’s name.

We all 100% believe my brother although he can’t communicate everything that happened due to his autism. I just wanted to know what should our next step be? My parents plan on going to the daycare in person tomorrow and speaking to the head director of the program, but we’re not really sure how to approach the situation. Should we get an attorney involved, or would speaking with the director of the program enough? I’m just worried that since all we have is my brother’s word, it might not be enough evidence.

EDIT: my mom first asked my brother when this happened on Friday. Brother said “yesterday” that day. My mom just told me she asked him again today when it happened and he said “Thursday.” My brother doesn’t give consistent answers unless something happens, so yeah we 110% know this happened.