Family sues Oceanport adult day program after son with autism falls from window to his death
OCEANPORT, New Jersey (WABC) -- The family of a man with autism who fell to his death is now suing the adult day program in New Jersey that allegedly left him alone.
"Every morning it takes me about an hour to an hour and a half to get out of bed to face the day," said the mother of 22-year-old Justin McCafferty, Kim McCafferty. "Because I don't know how to live in this world where he doesn't exist any longer."
A picture provided by the law firm representing the McCafferty family shows the view from a third-floor window in the Oceanport building, where the Fort Monmouth Day Program that Justin went to five days a week, is located.
The 22-year-old fell from that window on April 16.
At Monmouth Medical, they took Kim McCafferty to a special room, and not immediately to Justin's bedside.
"The room where they tell you that the person you love is dead. So, I threw myself on the floor and said, 'I'm going to go in the room because you're going to tell me he is dead, and he can't be dead,'" she said.
Kim McCafferty says the program knew that Justin was supposed to be watched every second and seen every single second while he was there.
"He was supposed to have a direct line of sight from his DSPs, direct support professional and other staff members, and there could not have been a direct line of sight, or else he'd still be here," she said.
The Monmouth County Prosecutors Office and Oceanport Police are investigating.
"When you go into the business of taking care of the most vulnerable of our society, those people with autism or other disabilities, you take on an enormous responsibility, and there's no room for error," said the McCafferty's attorney, Daryl Zaslow.
Zaslow calls the incident beyond negligent.
"If you do not live up to that responsibility, a horrible thing can happen," he said. "This is the most horrible thing that could happen. What we really want to see is we want to see accountability. We want to make sure this doesn't happen, we want to make sure that he gets justice and the family gets justice."
"He was a wonderful, affectionate, loving son and brother," McCafferty said. "This has destroyed my family, and I am devastated beyond repair. He was the light of our lives."
The Fort Monmouth Day Program did not release a statement or comment.
A spokesperson for the New Jersey Department of Human Services released a statement, saying, "The Department 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."
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