A New Jersey family is threatening to sue a Monmouth County program for adults with developmental disabilities after their 22-year-old son fell from a third-floor window and died while under the program’s care.
Justin McCafferty, who grew up in Brick, died April 15 while attending the Fort Monmouth Day Program in Oceanport.
The program, which accepts individuals with developmental disabilities aged 21 and over, was responsible for “maintaining line of sight” with Justin at all times, according to a notice of tort claim filed against it.
Instead, the legal notice claims that the staff lost track of Justin, which led to him falling from a third-floor window.
A passerby who was not affiliated with the day program found Justin on the ground and attempted CPR, according to the legal filing.
Several minutes elapsed before the staff responsible for Justin’s care arrived at the scene, said Daryl L. Zaslow, the family’s attorney.
Emergency services and police also responded. However, Justin’s injuries were fatal. He would have turned 23 on May 12.
Oceanport Police Chief Gary J. Grimes confirmed that his department and Monmouth County Prosecutor’s Office Major Crimes Bureau “are investigating the death of an adult male discovered in the proximity of the Fort Monmouth Day Program on the morning of Wednesday, April 15th.”
Grimes said the investigation is active and ongoing.
“It’s just unbelievable,” said Zaslow.
The family alleges that the day program’s “carelessness, recklessness, negligence and conduct” caused Justin’s death.
They’re claiming $35 million in damages, which include “inestimable fear, emotional distress, pain, suffering and death.”
Fort Monmouth Day Program did not immediately respond to requests for comment on Wednesday. The program describes itself as a Division of Development Disabilities and Medicaid-approved day habilitation program located in historic Fort Monmouth.
A spokesperson for the New Jersey Department of Human Services, which certifies adult day habilitation programs, said in a statement that the agency “is aware of an individual who passed away at a day program on April 15, 2026.“
“We are deeply saddened by this incident, are in contact with law enforcement, and are unable to comment further at this time due to the ongoing investigation.”
Justin was diagnosed at a young age with autism, a condition that can affect communication and behavior.
Despite the challenges that come with an autism diagnosis, he “found joy in life’s simple pleasures,” according to an obituary.
“He loved spending time with his family, making new friends, playing with his collection of musical toys, and adored a good cuddle,” the obituary states.
Justin’s diagnosis inspired his mom, Kim McCafferty, to found HomeLife 21, a nonprofit organization dedicated to adults with autism and intellectual disabilities who require full-time care.
“You can’t imagine this happening to anybody, but especially to someone who has devoted their entire lives to protecting people with autism, it just defies belief,” said Zaslow, the family’s attorney.
A GoFundMe campaign created to support the family has raised more than $74,000 as of Wednesday.
