They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. Fed. A married couple from Terre Haute, Indiana has filed a l awsuit 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. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. Our Programs at 37] J complained of pain in his buttocks. According to the lawsuit, an Indiana counseling agency confirmed that L had sexually abused multiple children before he was adopted. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The lawsuit says that he also said he had been sexually active with children and adults since age 11 in China. This material may not be published, broadcast, rewritten, or redistributed. I did countless hours researching adoption agencies and I am so glad we chose CCAI. [#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. 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. The lawsuit states the couple discovered Ls alarm would go off every night at 3 a.m., when he would rape his adoptive brothers. The couple confronted the boy, who admitted to the rapes, the documents show. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit 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.. Joyous Chinese Cultural School Joyous Chinese Cultural School opened in 1996 to provide positive and engaging cultural connection opportunities for adoptees, their families, and . Shortly after joining the family, J would wake up screaming and crying, and N would run into his parents room to get in bed with them, the lawsuit states. 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. 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. Entered By Magistrate Judge Scott T. Varholak, This matter is before the Court on Defendant Chinese Children Adoption International's Motion to Dismiss (the "Motion"). Where families grow and dreams come true | With 29+ years of experience and more than 13,500 adoptions to date, CCAI is proud to be ranked among the best . Other than these conclusory statements, there are no factual assertions suggesting that CCAI knew or should have known that J had had brain surgery, or any other factual allegations with respect to CCAI's inquiries into J's health, or other actions that CCAI should have taken. [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. 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. The facts are drawn from the allegations in Plaintiffs' First Amended Complaint and Jury Demand [#21], which must be taken as true when considering a Rule 12(b)(6) motion to dismiss. Adopting Siblings A Family for Every Child (2020) J complained of pains in the buttocks, but at first the couple believed the pain was from cigarette burns he had received while being abused in a Chinese orphanage, the lawsuit said. [Id. I. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. at 100]. This is an archived article and the information in the article may be outdated. 2009) (quoting Campbell v. Summit Plaza Assocs., 192 P.3d 465, 477 (Colo. App. at 52 ("CCAI represented Minor Child L's birthday as July 3, 2003.")] [Id. Two months later after he arrived at his new home, L was then taken to a behavioral center in Indiana where he told his therapist he still had strong sexual urges that he could not control and would abuse boys again if given the chance. L was charged with two counts of sexual battery and sent to a Terre Haute, Indiana juvenile detention center, the lawsuit states. Moreover, because J was not yet part of the Martin family when L was adopted and when the statements about L's age were made, Plaintiffs cannot demonstrate that CCAI falsely represented L's age to J. They adopted a boy identified as N in 2014 through Bethany Christian Services. The couple filed the lawsuit against CCAI in a Denver U.S. District Court on Tuesday, August 13. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. [Id. Christian Adoption Services. Learn how your comment data is processed. L told his adoptive parents he had been raped and prostituted at the orphanage he was adopted from in China, according to the lawsuit, which further states that CAAI denied knowing Ls sexual history and that the Centennial-based adoption agency was aware that Minor Child L was at least three to five years older than originally presented.. [Id. c. Negligent Infliction of Emotional Distress Claim. As to the negligence claim premised on CCAI's representation of J's medical history, the Court agrees with CCAI that there are no supporting allegations demonstrating how CCAI failed to reasonably inquire into J's health, and thus Plaintiffs have failed to plausibly plead that CCAI breached any duty to Plaintiffs. . 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 lawsuit says that admitted to doing this. The Martins, individually and on behalf of N and J, filed the instant action on August 13, 2019. There are many children in need of forever families. (collecting cases)); Sheffied Servs. Meet some of these precious kids currently waiting for adoption! 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. [Id. Im a lawyer here in Colorado, and if you or a loved one were injured in an accident, Id be happy to discuss your legal options in a free consultation. A year later, the couple adopted another Chinese boy, this time through CCAI. The boy was always upset, crying and banging his head, court documents show. at 16] CCAI explained on its website that waiting children "range in age from about 1 year to 13 years at the time of match." Co., 174 P.3d 849, 854 (Colo. App. 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. CCAI is also currently licensed by the Colorado Department of Human Services. The child also was always upset, crying, and banging his head. At the age of 5, the child went completely bald, according to the lawsuit. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. When the parents contacted Chinese Children Adoption agency about Ls crimes, an employee denied knowing about his sexual history and said he was 12, the lawsuit said. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. The boy was identified as L in the civil lawsuit. Poor pay, and sometime there is the expectation of extra hours. Complete this brief inquiry form. Hall of Shame- Michael Gregory Oakleaf UPDATED, How Could You? 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. To meet the particularity requirements of Rule 9(b), Plaintiffs must "set forth the time, place and contents of the false representation[s], the identity of the party making the false statements and the consequences thereof." 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. Generally, "[b]y the time of a second amended complaint, it is often the case that pleading deficiencies . Plaintiffs do not plead the alleged negligent misrepresentations with particularity here. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. Established in 2010. The National Read Across America Day takes place every year on March 2, Geisels birthday. 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. [#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. In 2016, the couple used the Centennial agency to adopt a third boy, age 5, who was identified in court records as J. J would awake screaming and crying, and N would run into his parents room every night, the lawsuit said. [#21] Plaintiffs assert the following claims: (1) a negligence claim and negligent misrepresentation claim by all Plaintiffs against CCAI, based on CCAI's alleged failure to provide accurate information about L and for misrepresenting his age; (2) a negligence and negligent misrepresentation claim by the Martins and J against CCAI, for CCAI's failure to inform the Martins that J had undergone brain surgery; (3) a fraud claim by all Plaintiffs against CCAI, alleging that CCAI intentionally misrepresented L's age; and (4) a negligent infliction of emotional distress claim by all Plaintiffs against CCAI. Carolina Adoption Services. 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. Boulders at Escalante LLC v. Otten Johnson Robinson Neff & Ragonetti PC, 412 P.3d 751, 762 (Colo. App. Plaintiffs include no allegations as to how CCAI "failed to exercise reasonable care or competence in obtaining or communicating" information about L's age. Applied here, Plaintiffs have not plausibly pleaded that CCAI's misrepresentations about L's true age proximately caused the tragic abuse of N and J. Moreover, even applying the less stringent pleading standards of Federal Rule of Civil Procedure 8(a) under Iqbal and Twombly, Plaintiffs' negligent misrepresentation claim regarding L's age still fails. [See generally #22] Plaintiffs have filed a response [#29] and CCAI has filed a reply [#30]. Lawsuits erupted in the 1980s over domestic adoptions in which histories of abuse and other problems were kept from adoptive parents. Castle Rock family's plan to adopt children from Ukraine on pause due to invasion The Martins are one of three families in Colorado and 45 nationwide who are actively trying to adopt kids from. 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. 14-cv-00157-PAB-MJW, 2015 WL 1517527, at *11 n.10 (D. Colo. Mar. "The philosophy was the blank slate, that adoption is a new. [#1] Plaintiffs filed the operative First Amended Complaint and Jury Demand (the "Amended Complaint") on October 29, 2019. Hi, Im attorney Dan Lipman. [#22 at 5-8, 9-10] As to CCAI's alleged negligence in its representations about J's medical background, CCAI contends again that CCAI owed no legal duty to Plaintiffs, and regardless, Plaintiffs failed to plausibly plead breach of any such duty. [Id. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. and view these allegations in the light most favorable to the plaintiff." at 100]. [##16, 18] The Court has carefully considered the Motion and related briefing, the entire case file, and the applicable case law, and has determined that oral argument would not materially assist in the disposition of the Motion. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. Id. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. Attorney contributor Dan Lipman represents sexual abuse victims and their families in civil lawsuits. 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. The lawsuit says that the parents had to sell their house at a loss and move to Washington state because of the financial and emotional damages caused by the abuse. When the parents contacted Chinese Children Adoption agency about Ls crimes, an employee denied knowing about his sexual history and said he was 12, the lawsuit said. See supra n.8; Dyer v. Lajeunesse, No. Because the Court sits in diversity, it applies Colorado law. CCAI is a 501 (c) (3) nonprofit, nonpartisan organization that was founded in 2001 to match the commitment of Members of Congress' Adoption Caucus, the Congressional Coalition on Adoption. 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. Our mission is to promote and serve the well being of the abandoned and orphaned children and to be the bridge of love, CCAI exists to find caring families and . Zhong, the adoption agencys founder, earned a theological doctorate at the University of Denver in 1989 and formed CCAI in Denver in 1992, CCAIs website said. at 74-78], The Martins have also incurred unexpected health costs related to J's medical conditions. The suit alleges the family adopted three boys from CCAI between 2014 and. Eventually, J developed viral warts around his anus, court records show. CCAI is America's number one child adoption agency. Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. Plaintiffs Tammy and Barry Martin decided to adopt children after their biological children had reached adulthood. [Id. Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? "The burden is on the plaintiff to frame a 'complaint with enough factual matter (taken as true) to suggest' that he or she is entitled to relief." He was identified as L in the lawsuit. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said., Parents sue Centennial adoption agency claiming they werent informed of Chinese sons sexual-abuse issues. 6920 South Holly Circle, Centennial, Colorado 80112, Secretary of State(s), Chinese Consulate(s), Prior to receiving child match acceptance letter, Chinese Consulate via a courier/travel agency, Approximately one month before travel to China, $1,000 $2,000 per traveler (adopted child over 2 requires full ticket). [Id. My husband and I requested an information packet from CCAI over a week ago (last Tuesday) and we're still waiting for it. We reach out to the abandoned/orphaned children left behind, Our Children's Charity Fund supports orphans in China, Ukraine, and Colombia, We provide lifelong cultural, educational and emotional support. at 39-40], The Martins discovered that L's alarm would go off every night at 3 a.m., at which time L would rape his adoptive brothers. at 43] On March 19, 2016, the Martins took L to a behavior center, where L told his therapist that he had strong sexual urges that he could not control, and that he would continue the abuse of his adoptive brothers if given the chance. CHINESE CHILDREN ADOPTION INTERNATIONAL - Adoption Services - 6920 S Holly Cir, Centennial, CO - Phone Number - Yelp Chinese Children Adoption International 3 reviews Unclaimed Adoption Services Open Open 24 hours Adoption Dreams Come True Frequently Asked Questions about Chinese Children Adoption International CCAI is a licensed, non-profit, Hague-accredited agency serving families in the US and around the world, and we have placed more than 13,000 children since 1992. These documents must go through several levels of authentication by U.S. government offices so that they ultimately can be used as the legal framework for your adoption process. On the other hand, the Court is also not persuaded by the dissenting opinion cited by Plaintiffs in a decades-old Colorado Supreme Court decision. Within a month after Ls adoption, the couples first boy started showing signs of a problem, including a loss of appetite and hair loss, the lawsuit said. Further, it states the abuse of the couples children has taken an extreme and financial toll on the family, which forced the family to sell their house in Terre Haute, Indiana at a loss and move to Washington State in order to help the children deal with the abuse they suffered.. Eventually, J developed viral warts around his anus, court records show. [See id. 2015) (quotation omitted). I'm really concerned because we've narrowed our choices down to two agencies, CCAI and FTIA. How Could You? 08-cv-01533-CMA-CBS, 2009 WL 1292828, at *3 (D. Colo. May 8, 2009) (quoting Olson v. State Farm Mut. Close All Open All The Six Adoption Services Evidence of a Primary Provider Finding a New Accredited or Approved Primary Provider 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 Christian Services. Plausibility refers "to the scope of the allegations in a complaint: if they are so general that they encompass a wide swath or conduct, much of it innocent, then the plaintiffs 'have not nudged their claims across the line from conceivable to plausible.'" R. Civ. The Ragusos wanted to grow their family and give a CCAI has dedicated over 30 years to serving the well-being of abandoned/orphaned children, adoptive families, and adoptees. The lawsuit states the couple discovered Ls alarm would go off every night at 3 a.m., when he would rape his adoptive brothers. The couple confronted the boy, who admitted to the rapes, the documents show. Plaintiffs must plausibly plead the following elements in order to state an NIED claim: (1) CCAI's negligence created an unreasonable risk of physical harm; (2) that caused Plaintiffs to be put in fear for their own safety; and (3) that fear resulted in damages by causing physical consequences or long-term emotional disturbance. CCAI argues throughout its Motion that the Martins' claims with respect to any misrepresentation of L's age by CCAI are time-barred. Please look at the time stamp on the story to see when it was last updated. He told a therapist that at the age of 5 or 6 he had been removed from foster care for sexually acting out with another child. [See #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. playing doctor)., Couple sue adoption agency after teenage boy they took in from China rapes their two younger children and they discover he had a history of sexually abusing kids, Your email address will not be published. Nor can the Court speculate, as CCAI suggests, that the Martins "would have been objectively aware" of L's age at the time L entered the household in September 2015. 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. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. 2016) (quotation omitted). He was identified as L in the lawsuit. 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. Matthys v. Narconon Fresh Start, 104 F. Supp. Hall of Shame-Lillian Veronica Turner UPDATED-Child Death, How Could You? In 2015, they adopted a boy they believed was 12 through the Centennial agency. Dyer v. Lajeunesse, No. It's the first step in getting started with your adoption today! 2010) (quoting Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. CCAI's adoption fee (between $17,000 and $27,000, depending on the complexity. Bell Atl. The child is currently under the custody of the State of Indiana, according to the lawsuit. 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. "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.'" Cradle of Hope Adoption Center. March 1st is International Wheelchair Day! at 32] N would also run into the Martins' bedroom during the night to get into bed with them. Id. [Id. "); id. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. Moreover, as to any negligence claims by J for CCAI's misrepresentation of L's age, J was not yet adopted at the time L entered the household, and therefore any harm suffered by J as a result of misinformation about L's age was not reasonably foreseeable. "); Aurzadniczek v. Humana Health Plan, Inc., No. Shortly after that child was adopted in early 2016, and again through Chinese Children Adoption International, the boy started waking up screaming and crying, and would crawl into bed with his adoptive parents, the lawsuit says. at 25, 29] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. Although not pled as a separate claim, the Amended Complaint makes clear that Plaintiffs are alleging negligent misrepresentation claims, in addition to negligence claims, with respect to CCAI's alleged misrepresentations as to both L and J. The Motion is DENIED to the extent it seeks dismissal with prejudice, and Plaintiffs' claims are DISMISSED WITHOUT PREJDUICE. We expect a full vindication through the courts. He began working at the newspaper in 1998, after writing for newspapers in Mesa, Ariz., and Twin Falls, Idaho, and The Associated Press in Salt Lake City. [Id. 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.. Our partners at the Denver Post report Zhong, the adoption agencys founder, earned a theological doctorate at the University of Denver in 1983 and formed CCAI in Denver in 1992. Hall of Shame-UK-Aaron Abbott, How Could You? 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.. [#22 at 14-15] The Court agrees. Myers, 2009 WL 1292828, at *3 (quoting Wagner v. Grange Ins. The couple is seeking compensation for damages and an injunction that requires CCAI to put in place protocols to prevent harm to families and their children, according to the lawsuit filed by attorneys from Saeed and Little LLP in Indianapolis. . Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. California school to train Mexican lawyers, Student arrested after attack on staff member, Snow possible in parts of North County: NWS, Gender neutral restrooms could be required in CA, Frost Advisory, freeze warning in effect for San, California board denies parole for RFK killer Sirhan, Prince Street Pizza brings famous NY-style pies to, Best deals of Presidents Day weekend 2023, Forgot about Valentines Day? The Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an omission or nondisclosure. 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. But Plaintiffs' negligent misrepresentation claims appear to be premised on affirmative misrepresentationse.g., CCAI's statement that L was 12 years old, and CCAI's representations that J had hydrocephalus and cerebral palsy, and that J's scar was not a result of brain surgery. Ins. We customize matches to fit your lifestyle, only introducing you to the best dates. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. Plaintiffs have not pleaded the foregoing elements with particularity, especially with respect to what individual(s) from CCAI made the statements about L's age, and how any representatives from CCAI knew that they had falsely represented L's true age. [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. This is an archived article and the information in the article may be outdated. Here are some last-minute, Best last-minute Valentines Day gifts for him, Cartels steering migrants into deadly storm drains, Caution advised amid coastal Flood Advisory in San, Rain showers continue in SD but drier days are ahead, Shipping companies reach $97M CA oil spill agreement, North County school may close due to sinking risk, These areas are under a Wind Advisory in San Diego, Do Not Sell or Share My Personal Information. Time stamp on the complexity, 29 ] CCAI is also currently licensed by the Colorado Department Human... The philosophy was the blank slate, that adoption is a new whether a negligent misrepresentation claim can be on. 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