Family blames NJ day program after 22-year-old with severe autism dies in horrific fall

🚨 A 22-year-old man with severe autism died after a horrific fall in Monmouth County.

⚖️ Justin McCafferty’s grieving family may sue the Fort Monmouth Day Program for $35 million, claiming staff failed to supervise him

💔 His death has devastated an autism advocacy family already struggling with his father’s Alzheimer’s diagnosis.

OCEANPORT — A young man with severe autism died after he was left unattended at a day program, according to his grieving family.

Justin McCafferty, 22, died on the morning of April 15 at the Fort Monmouth Day Program.

Program staff didn't realize it at first when McCafferty fell to his death, the family's attorney Daryl Zaslow said. He said it was a passerby, possibly a U.S. postal worker, who saw the fall and rushed to perform CPR in an attempt to revive McCafferty.

Minutes passed before the staff who were supposed to watch McCafferty showed up, according to the attorney. The young man was dead at the scene. Many questions remain, including whether he fell from a third-story window or the roof of the building in Oceanport.

"Those entities, people, or businesses who promise to protect the most vulnerable must live up to that promise," Zaslow said to New Jersey 101.5.

New Jersey autism death investigation raises questions about supervision

McCafferty's family is now threatening to sue the Fort Monmouth Day Program for $35 million. The attorney has filed a tort claim, which means they reserve the right to sue. They may wait until after an investigation is complete to file the lawsuit.

Monmouth County Prosecutor's Office spokesperson Chris Swendeman said an active investigation is ongoing. The Oceanport Police Department is also involved in the investigation, according to Det. Kelly Siegle.

"Our Office can confirm that we are investigating the death of an adult male discovered in the proximity of the Fort Monmouth Day Program," said Swendeman.

The Fort Monmouth Day Program did not respond to a voicemails or an email sent on April 22. It was closed for days after the incident while authorities were investigating, according to a person familiar with the situation who spoke to New Jersey 101.5.

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Grieving New Jersey family faces emotional and financial burden

Justin's family is "devastated," his mother Kimberlee McCafferty said on Facebook.

Along with the heartbreaking loss, they also face a financial toll. Her husband, Justin's father, has been unable to work for the past nine years because of early-onset Alzheimer's, according to a GoFundMe. More than 470 donors had given $75,000 to the fundraiser as of Wednesday morning.

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The New Jersey Chapter of the National Council on Severe Autism encouraged donations to help Justin's mother continue her work on behalf of the community.

"Kim has not only been an advocate for her son Justin, but she is a champion for the entire autism community, even traveling to Washington, D.C., to fight on the Hill for the rights of adults on the autism spectrum and their families," the NCSA-NJ said on Facebook.

Autism advocate’s son remembered for joy and kindness

According to his obituary, Justin McCafferty's autism diagnosis sparked his mother's advocacy work. She founded HomeLife 21, a non-profit to provide care to adults with severe autism who require full-time care.

McCafferty found joy in simple pleasures after he was diagnosed with autism at a young age, his obituary said.

"He loved spending time with his family, making new friends, playing with his collection of musical toys, and adored a good cuddle. He never met a french fry that he did not like," it said.

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