The lawsuit further states that because of this, the couple lost their health care business. The parents brought L to a behavioral health center, where he reportedly told a therapist that he had uncontrollable sexual urges and that he would abuse his adoptive brothers again if he had the opportunity to do so. We stand behind our decades-strong reputation as a professional and ethical non-profit having served thousands of families and children here and in China.. Because Plaintiffs, with the exception of J, may be able to state a fraud claim with better pleading, the Motion is DENIED to the extent it seeks dismissal of the fraud claim with prejudice, and that claim is DISMISSED WITHOUT PREJUDICE. Pros. "The exact or precise injury need not have been foreseeable, but it is sufficient if a reasonably careful person, under the same or similar circumstances would have anticipated that injury to a person in the plaintiff's situation might result from the defendant's conduct." Accordingly, the Court finds that the dismissal of the negligence claims should be without prejudice. [Id. They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. The child is currently under the custody of the State of Indiana, according to the lawsuit. Again, a fraud claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9(b). DENVER, Colo. An Indiana couple is suing a Centennial adoption agency claiming a teenage boy brought from China had an undisclosed history of sexual abuse that led to the rape of their two younger children. [Id. Sarah Harmon is the Waiting Child Program manager at CCAI Adoption Services, which has been working in Ukraine since 2014. Co. v. Trowbridge, 211 P.3d 714, 725 (Colo. App. The lawsuit says that admitted to doing this. Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. J would complain of pains in the buttocks, but the Indiana couple believed the pain was caused from several cigarette burns he had from being abused in a Chinese orphanage. at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. Hall of Shame- Michael Gregory Oakleaf UPDATED, How Could You? Copyright 2019 Scripps Media, Inc. All rights reserved. 2007). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Joshua Zhong, the Chinese Children Adoption International co-founder and president. With respect to CCAI's purported negligence in representing L's age, CCAI argues that the Martins' claims are barred by the statute of limitations, that CCAI owed no legal duty to Plaintiffs, and that Plaintiffs fail to plausibly plead that any negligence by CCAI was the proximate cause of Plaintiffs' damages. They also lost their health care business, the lawsuit said. Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. [#22 at 11-12, 13, 15] Though the Court agrees with respect to J, because he was adopted after L and after CCAI made statements about L's age, the Court is not convinced that the analysis is not more nuanced with respect to N. Defendant cites to case law contemplating misrepresentations made to unrelated third partiesnot misrepresentations in the context of the unique relationship between the Martins and their adopted children here. They adopted a boy identified as N in 2014 through Bethany Christian Services. [See #21 at 11] Because, as discussed above, Plaintiffs have failed to plausibly allege CCAI's negligence with respect to the representation of L's age, or otherwise, Plaintiffs cannot satisfy this threshold element of an NIED claim. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. at 25, 29] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. Adoption is a lifelong journey, and we are here for you every step of the way. The Motion is DENIED to the extent it seeks dismissal with prejudice, and Plaintiffs' claims are DISMISSED WITHOUT PREJDUICE. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. at 50 (same); id. The child is currently under the custody of the State of Indiana, according to the lawsuit. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. Myers v. Healthmarkets, Inc., No. We expect a full vindication through the courts. The couple brought the civil lawsuit against Chinese Children Adoption International of Centennial on Tuesday in U.S. District Court in Denver for themselves and on behalf of two Chinese boys, the lawsuit said. [Id. at 67-68], The Martins were forced to sell their home and move across the country in an effort to help N and J cope with the abuse they had suffered, including moving away from the traumatic memories associated with the home. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). Adoption is our passion; families benefit from our specialized and personal service, and our adoption costs are among the lowest in the field of international adoption. Disaster Relief Support Ukraine Orphans Protect the Orphans of Ukraine Sign up to receive the latest news from CCAI, Approximately 7-10 days prior to China departure, We bring children and families together through adoption, CCAI has united over 13,000 children from 6 different countries with their forever families, We work to find loving families for older children through Host-to-Adopt programs. A married couple from Terre Haute, Indiana has filed a lawsuit against the Centennial-based agency Chinese Children Adoption International(CCAI), alleging that the agency failed to disclose that a teenage boy they adopted had been sexually abused and that this failure allowed two younger children in their home to be abused by that teen. [#29 at 12-14 (citing Lininger v. Eisenbaum, 764 P.2d 1202, 1215 (Colo. 1988) (Mullarkey, J. concurring in part and dissenting in part))] But the Court need not reach this issue because Plaintiffs' claims fail, regardless of whether N can state a claim based on misrepresentations made to his adoptive parents. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. at 27] L joined the household on September 25, 2015. "The philosophy was the blank slate, that adoption is a new. With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. at 12] CCAI filed the instant Motion on November 12, 2019, arguing that the Amended Complaint should be dismissed in its entirety pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). CCAI also knew or should have known that the orphanage Minor Child L was adopted from had a reputation for prostituting the children in its care to adults, court documents read. [Id. [Id. The agency should have known he was three to five years older, the lawsuit said. George v. Urban Settlement Servs., 833 F.3d 1242, 1254 (10th Cir. CCAI was ranked by the Chinese government as the number one adoption agency in the world in 2011 and by 2012, had placed 11,000 Chinese orphans into U.S. homes, the website said. We stand behind our decades-strong reputation as a professional and ethical non-profit having served thousands of families and children here and in China.. The adoptive parents discovered that Ls alarm went off every night a 3 a.m. when he would then rape his adoptive brothers. He admitted doing so, the lawsuit said. Indiana Adoption Program (2020) Presents five key reasons for families to consider adopting a sibling group, including the sense of stability and security siblings provide, the mental health and attachment benefits, and more. Get Started. Wade v. EMASCO Ins. CCAI also knew or should have known that the orphanage Minor Child L was adopted from had a reputation for prostituting the children in its care to adults, court documents read. CCAI (Chinese Children Adoption International) Child Adoption Associates, Inc. Child & Family Service Note: This adoption service provider is no longer Hague Accredited, effective 11/30/2012. [Id. A year later, the couple adopted another Chinese boy, this time through CCAI. The Congressional Coalition on Adoption Institute (CCAI) is an American non-partisan, non-profit organization "dedicated to raising awareness about the millions of children around the world in need of permanent, safe, and loving families and to eliminating the barriers that hinder these children from realizing their basic right to a family." CCAI was founded in 2001 by advocates of children in . Id. The family then moved to adopt a third child, this time seeking one who was special needs, because they said they had the time and medical resources for his care. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. N and J have both been diagnosed with post-traumatic stress disorder and an attachment disorder and also struggle with rage, irritability, nightmares, and sleep disturbances, the lawsuit says. Meet some of these precious kids currently waiting for adoption! The boy was always upset, crying and banging his head, court documents show. The Martins, individually and on behalf of N and J, filed the instant action on August 13, 2019. CCAI also knew or should have known that the orphanage minor child L was adopted from had a reputation for prostituting the children in its care to adults, the lawsuit said. The couple from Terre Haute, Indiana, began adopting Chinese children after their six children became adults, the lawsuit states, adopting a child identified as N in 2014 through Bethany. The lawsuit also says that, CCAI also knew or should have known that the orphanage minor child L was adopted from had a reputation for prostituting the children in its care to adults.. [ Id. The boy was identified as L in the civil lawsuit. CCAI has been ranked No. [#22 at 9, 10-11] To state a claim for negligent misrepresentation, a plaintiff must plausibly allege that the defendant "(1) supplied false information in a business transaction; (2) it failed to exercise reasonable care or competence in obtaining or communicating that information; and (3) [the plaintiff] justifiably relied upon the false information." Ass'n, 166 P.3d 304, 307 (Colo. App. [Id. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. R. Civ. Hosting is an excellent option for families who are considering adopting an older child. . 2020 The Legal Herald, a division of Eagle Peak Marketing, LLC. at 46] While housed in juvenile detention, L underwent a psychosexual assessment by a counseling service, which revealed that L was at a high risk of reoffending, and was in need of specialized residential therapy for his sexually maladaptive behaviors. Mitchell first started writing the Cold Case blog in Fall 2007, in part because Colorado has more than 1,400 unsolved homicides. at 12-13] A waiting child is a child that has been evaluated by the agency, and can be matched and subsequently adopted by a prospective adoptive applicant. [#22] The parties have consented to proceed before the undersigned United States Magistrate Judge for all proceedings, including entry of a final judgment. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. [Id. [Id. Because better pleading may cure the foregoing deficiencies, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligent misrepresentation claims are DISMISSED WITHOUT PREJUDICE. Have trusted CCAI to help fulfill their family dreams, Impacted by the Children Charity Fund efforts and Lily Orphan Care Centers, Have engaged in The Parks lifelong adoptee and family support programming. CCAI contends that Plaintiffs cannot state a claim for negligent infliction of emotional distress ("NIED"), including because Plaintiffs have not stated a claim for negligence. at 100]. Hall of Shame-Sylvia and Anthony Vasquez UPDATED, How Could You? The suit alleges the family adopted three boys from CCAI between 2014 and. at 26, 52] L was in fact at least 15-16 years old. Weve asked Dan to discuss the legal rights available to families affected by sexual abuse caused by adoption agency negligence: Adoption agencies have a legal responsibility to make sure that their clients are protected from preventable dangers, including sexual abuse. This is an archived article and the information in the article may be outdated. CCAI is America's number one child adoption agency. [Id. My husband and I requested an information packet from CCAI over a week ago (last Tuesday) and we're still waiting for it. The Barker Adoption Foundation. [See #21 at 100] The negligent misrepresentation claim as to J's medical history also fails under the less stringent standards of Rule 8 because Plaintiffs do not include any factual detail explaining how CCAI failed to exercise reasonable care in determining and communicating that J "had a diagnosis of hydrocephalus and cerebral palsy." 2012) (affirming district court's determination that plaintiff "fatally failed to plead his fraud and negligent misrepresentation claims with particularity as required by [Rule] 9(b)"); Hardy v. Flood, No. On March 15, 2018, the Council on Accreditation (COA) temporarily suspended the accreditation of Chinese Children Adoption International (CCAI) for failing to maintain substantial compliance with accreditation standards. CCAI is refusing to take responsibility for what they did. The civil lawsuit was filed in U.S. District Court of Colorado Tuesday against Chinese Children Adoption International (CCAI) on behalf of the couple and their two Chinese boys. [Id. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. 1, 2016); Scott v. Honeywell Int'l Inc., No. This material may not be published, broadcast, rewritten, or redistributed. at 52 ("CCAI represented Minor Child L's birthday as July 3, 2003.")] L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. at 44-45] The Martins also learned that L had been raped and prostituted at the orphanage he was adopted from in China, that L had been removed from foster care in China for sexually acting out with another child at the age of 5 or 6, that L admitted to being sexually active with children and adults while in China since the age of 11, and that L had a pattern of sexually exploiting multiple children. 2009)). An Indiana couple has sued a Centennial adoption agency claiming the teen boy they brought home from China had an undisclosed history of sexual trauma and raped their two younger children. All God's Children International. at 100]. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. , this time through CCAI three to five years older, the lawsuit said children... 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