ISELIN, N.J. — An American flag will be flown over the U.S. Capitol in honor of 22-year-old Justin McCafferty, who died while attending a state-certified day habilitation program in Monmouth County, U.S. Rep. Chris Smith, R-N.J., said this week.
Justin required constant supervision but fell on April 15 from a third-floor window after staff at Fort Monmouth Day Program lost track of him, according to a $35 million legal filing against the program.
In a statement, Smith said the “entire autism community has been shaken and devastated by the news of Justin’s tragic passing.”
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“My wife, Marie, and I offer our support and prayers for Justin’s family, as they navigate this heartbreaking and incomprehensible situation. I have met with Justin’s mom, Kimberlee, and know her to be an incredible advocate for her son and other autism families throughout the country,” said Smith, who represents parts of Monmouth and Ocean counties.
“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.”
Justin’s death has sparked outrage among families with autism, who have been demanding stronger safeguards to protect children and adults with intellectual and developmental disabilities for years.
A Bergen County woman with a disability died under eerily similar circumstances last year. Stephanie Leiva, a 37-year-old with severe autism, fell from the second-story window of her state-licensed group home and later died in February 2025. A subsequent state investigation found that Leiva’s death was caused by neglect.
The former ombudsman for people with developmental disabilities, Paul Aronsohn, described abuse and neglect in state-licensed group homes as “rampant.”
In this context, Justin’s death is “not surprising,” said Mitchel Baum, co-chair of the New Jersey chapter of the National Council on Severe Autism.
“It’s the norm, and that’s why our organization exists because the norm has to change,” said Baum, who’s also a parent of a 26-year-old son with severe autism.
In January, New Jersey passed landmark legislation that gives the state more power to punish abusive group homes. Work on the legislation began after NJ.com published “Alone, Autistic and Afraid” in February 2024, which investigated the severe medical neglect verified by hospital physicians of a young woman at a group home in Lakewood, The Special Children’s Center.
But families and patient advocates argue that more needs to be done to prevent future tragedies.
“There’s some wonderful fantastic group homes and day habs (habilitation programs), but there needs to be more safeguards in place,” said Baum.
One pending bill would create an independent Justice Center that would investigate all cases of abuse and neglect involving people with developmental disabilities. While the state has an Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families, that office does not have the power to investigate complaints it receives.
Other pending bills would require certain group homes to install cameras in common areas and mandate that providers spend at least 70% of their budget on direct care of residents.
Justin was described in an obituary as a “gentle, radiant soul.”
“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.
He’s survived by his parents, Jeff and Kim McCafferty, and brother Zachary McCafferty.
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