Kim McCafferty has spent years advocating for the autism community, fighting for improvements in safety protections, training for caregivers, employment opportunities and Medicaid coverage. The longtime Brick resident traveled to Washington, D.C., last year to lobby Congress on these issues and met with U.S. Rep. Chris Smith, who has authored groundbreaking autism legislation, for an hour.
On April 16, her worst fears came to pass when her 22-year-old autistic son Justin died after falling out of a third-story window at the Fort Monmouth Day Program in Oceanport, where he attended five days a week.
“I’ve been an advocate for 15 years for the autism community, and to have this happen to my own child is horrifying,” Kim McCafferty told the Asbury Park Press. “He needed to be protected. There needed to be regulations in place. There couldn’t be a better example of why cameras need to be in group homes and day programs.”
McCafferty’s attorney, Daryl Zaslow of the Edison-based firm Eichen Crutchlow Zaslow LLP, has filed a notice of claim indicating the McCafferty family’s intent to sue the Fort Monmouth Day Program and its partners for $35 million in damages.
“No one has given Kim, her family or any of us answers about what happened, how they lost sight of Justin, what protections to make sure this didn’t happen were neglected,” Zaslow told the Press. “They were supposed to maintain direct line-of-sight supervision. State and local authorities are investigating, and we’re glad they are.”
Beyond the lawsuit, McCafferty wants to see the state Legislature pass a law mandating cameras in day programs and residential group homes — places that care for adults with autism after they age out of the educational system at 21.
“There are active bills in Trenton that hopefully will be made into law in terms of cameras,” McCafferty said. “At the moment they’re focused on group homes, but I would love to see that extended to day programs for obvious reasons. This needs to be addressed.”
‘There are cameras in doggie day care’
Kim McCafferty grew up in Rumson and lived in Washington, D.C., before moving to Brick after Justin’s diagnosis because New Jersey’s educational system is better than that of most states when it comes to autism care. She has written extensively about related issues for the website of the prominent advocacy group Autism Speaks.
“It’s very rare that you have a client who is already active in something that is so important and profound before the horror occurs,” Zaslow said. “The very tragedy that happened is what Kim has devoted the last 15 years, if not longer, to preventing. This is not an isolated incident, and it speaks to the need to ensure additional protections are implemented.”
He added: “If you maintain direct-line supervision, this never happens. But one thing Kim is advocating for and needs to be implemented is having cameras in these facilities to hold people accountable, so they don’t allow this to happen. We have cameras protecting our mail and FedEx deliveries; why can’t we have cameras protecting the most vulnerable of our society?”
Kim put it this way: “There are cameras in doggie day care,” she said.
‘They are still vulnerable’
Justin’s death sent shock waves through the special-needs community in New Jersey.
“I’ve been horrified by the whole thing,” said Marlboro resident Deb Fisher, whose 22-year-old son Jay has autism. “These are the places where we think our kids will be the safest, but in reality they are still vulnerable.”
In 2023, Deb Fisher successfully advocated for New Jersey to allow a voluntary notation on a driver’s license that indicates a person’s autism or communications disorder. Jay, who is high-functioning, has attended several day programs — with mixed results.
“A lot of these places are understaffed and they don’t have the correct staff,” Deb said. “All it takes is one bad person, or one unqualified person, for a problem to happen.”
Fisher supports the idea of mandated cameras in day programs.
“As parents, you cannot take these programs at their word,” she said. “If your child is not verbal, or if their word is not taken above the staff’s — I’ve been in that situation before, where they’re like, ‘No, he’s fine,’ — you need to have eyes on them. If our kids don’t have the voice, an adult there is going to tell you everything is fine, and if there is a problem, they’ll put it on your kid.”
Rep. Smith, R-Monmouth, called the situation “heartbreaking and incomprehensible,” hailed Kim McCafferty as “an incredible advocate for her son and other autism families throughout the country” and said, “the entire autism community has been shaken and devastated by the news of Justin’s tragic passing.”
Smith added: “We must continue to work with autism families, like Justin’s, who know first-hand the complex needs of children with autism and use their lived experiences to advocate for greater support services and resources for their loved ones.”
Suzanne Buchanan, executive director of Autism New Jersey, said three new laws signed by Gov. Phil Murphy shortly before he left office earlier this year are designed to strengthen safeguards. Those laws increase the oversight of service providers, strengthen protections against abuse and neglect, and establish a Disability Mortality and Abuse Prevention Advisory Committee.
“We strongly recommend full implementation,” Buchanan said in an email to the Press.
Autism New Jersey recently released Residential Program Quality Indicators: A Guide for Families, which is designed to help caregivers evaluate their options when selecting a residential program for their adult child with autism.
Support pouring in
As if the situation wasn’t hard enough, Justin McCafferty’s father Jeff is suffering from early-onset Alzheimer’s disease.
“Since my son’s death, the decline has been precipitous,” Kim McCafferty said. “He’s only 59. It’s been horrifying.”
Support for the family is pouring in. A GoFundMe campaign has raised $79,000 and counting.
“I had the opportunity to go through it, and there’s donations from people I’ve never met or heard of, and some from people who knew Justin when he was 5,” Kim said. “I can’t begin to tell you about the outpouring of support and love. It’s definitely helped us.”
Rep. Smith flew an American flag above the Capitol in Justin’s honor, Kim said, and that flag will be presented to the family for use at Justin’s memorial service, which takes place Saturday, 10 a.m. at Colts Neck Reformed Church in Colts Neck.
“Justin was a wonderful son,” Kim said. “He was affectionate and loving and funny.”
He loved horseback riding, the beach, and trips to Walt Disney World.
“He was my buddy,” Kim McCafferty said. “We had wonderful times together. Everybody who met him, loved him.”
