[#21 at 54] In their Response to the Motion, Plaintiffs reiterate that if CCAI had accurately represented L's age, the Martins would not have adopted L, and L would not have raped N and J. Forest Guardians v. Forsgren, 478 F.3d 1149, 1160 (10th Cir. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. L admitted that he was removed from foster care at the age of 5 or 6 for sexually acting out with another child and also admitted to being sexually active with children and adults while in China since the age of 11. We expect a full vindication through the courts. 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. 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. at 100-01 (alleging that CCAI informed the Martins that J's scar was not from brain surgery, and that this "misrepresentation has caused the Martins to incur financial losses")] Plaintiffs concede in their Response that the "negligent misrepresentation claims should have been pled separately from [their] general negligence counts and the details more specifically described." The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. Though damages from negligence have multiple causes, "the chain of causation . 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Eventually, J developed viral warts around his anus, court records show. Children's House International. [See id. An Indiana counseling agency confirmed that L had a long history of sexually abusing multiple children at the time he was adopted, the lawsuit said. [Id. 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. 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. "); Aurzadniczek v. Humana Health Plan, Inc., No. Id. The boy was identified as L in the civil lawsuit. [#22 at 14-15] The Court agrees. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). [Id. [#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. Hall of Shame- Michael Gregory Oakleaf UPDATED, How Could You? Co., 483 F.3d 657, 665-66 (10th Cir. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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.. 1, 2016); Scott v. Honeywell Int'l Inc., No. did desi arnaz jr have a stroke; moose tracks vs cow tracks ice cream During this suspension, CCAI must cease to provide all services in connection with intercountry adoption cases. Id. The boy was always upset, crying and banging his head, court documents show. But here, Plaintiffs have filed only a single amended complaint, and have "never before received an opportunity to cure deficiencies identified by this Court." [#22 at 10] Courts are reluctant to dismiss complaints on statute of limitations grounds because "[w]hether a particular claim is time barred presents a question of fact and may only be decided as a matter of law when 'the undisputed facts clearly show that the plaintiff had, or should have had the requisite information as of a particular date.'" [Id. [Id. Adoption Service Providers. CCAI is grateful to its co-founder and outgoing Board Chair, the Honorable Mary Landrieu, for her commitment to CCAI and its belief that . In 2014, they adopted a boy identified as N through Bethany Christian services. A plaintiff's damages are limited to damages that are "the natural and probable result of the injury sustained by virtue of the tortious act." at 2 n.1] CCAI provides certain information on a waiting child to the applicant, including photographs, a physical examination, medical information relating to the child's condition, if available, basic developmental information, and background information from the orphanage, based on the child's personality, preferences, history in the orphanage, and daily routine. 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. My husband and I requested an information packet from CCAI over a week ago (last Tuesday) and we're still waiting for it. 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. Visit The Park Donation CCAI Family Sign in 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. Plaintiffs allege no facts suggesting it would have been reasonably foreseeable to CCAI that its failure to properly represent L's age would have resulted in L raping his adoptive siblings. 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. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. They also lost their health care business, the lawsuit said. [Id. Hosting is an excellent option for families who are considering adopting an older child. [Id. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. 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.. And better pleading may cure the defects discussed herein, with the exception of any claims by J regarding CCAI's misrepresentation of L's age. 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. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. This is an archived article and the information in the article may be outdated. We had an e-mail confirming our request so I'm fairly certain our request went through. [See generally #22] The Court addresses each claim in turn. [Id.] 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. Hall of Shame-Massachusetts DCF, How Could You? [Id. "To recover on a negligence claim, a plaintiff must establish that (1) the defendant owed the plaintiff a legal duty of care; (2) the defendant breached that duty; (3) the plaintiff was injured; and (4) the defendant's breach caused that injury." Copyright 2019 Scripps Media, Inc. All rights reserved. What they did is dangerous (and) reckless.. 2007)). The child is currently under the custody of the State of Indiana, according to the lawsuit. DATED: April 8, 2020, Martin v. Chinese Children Adoption Int'l, Civil Action No. [Id. Joshua Zhong, the Chinese Children Adoption International co-founder and president. "The philosophy was the blank slate, that adoption is a new. CCAI Adoption Services' Judy Winger told WFTV that they have 45 families waiting to adopt nearly 81 children, but because of the current climate, there are concerns about limited resources, and. Children's 5 Home Society of Minnesota https://www.thedenverchannel.com/news/crime/couple-sues-centennial-adoption-agency-claiming-they-werent-told-boy-had-sexual-abuse-history, https://wtkr.com/2019/08/18/couple-sues-adoption-agency-claiming-they-werent-told-boy-had-sexual-abuse-history/. R. Civ. (collecting cases)); Sheffied Servs. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. 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. [Id. [See #22 at 11] The Amended Complaint simply alleges that the Martins requested a child with special needs in 2015 [#21 at 33], and that CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy [id. Make your practice more effective and efficient with Casetexts legal research suite. 30, 2015) ("It is not entirely clear that plaintiff can maintain a negligent misrepresentation claim based upon defendant's omissions." Court documents further state CCAI failed to notify the adoptive parents that J had undergone a massive brain surgery at a Hong Kong hospital for a brain tumor that the woman was not told about. [#21 at 55] But Plaintiffs do not support this assertion with any factual support. About a month after his adoption, the couples first boy began showing troubling signs, including a bloody stool, hair loss and a loss of appetite. Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. Christian Adoption Services. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. 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. This material may not be published, broadcast, rewritten, or redistributed. That is, the damages must be reasonably foreseeable. In 2015, they adopted a boy they believed was 12 through the Centennial agency. Parents sue Centennial adoption agency claiming, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Get to know all 17 Denver mayor candidates , Parents sue Centennial adoption agency claiming they werent informed of Chinese sons sexual-abuse issues, Man killed in shooting outside of Aurora apartment complex, Denver East High student dies more than two weeks after being shot outside school, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Woman attempted 4 carjackings in 9 minutes, Denver police say, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, Coloradans may have another chance to see the northern lights Monday night, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Multiple Colorado schools temporarily placed under secure status due to threats. The boy was always upset, crying and banging his head, court documents show. 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 boy was identified as L in the civil lawsuit. Again, such conclusory statements fail to state a claim. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. [Id. The suit goes on to say that CCAI told the family the offender was 12 years old when he was adopted, but the family later learned he was at least 15 to 16 years old. [Id. at 52 ("CCAI represented Minor Child L's birthday as July 3, 2003.")] [ Id. In 2015, they adopted a boy they believed was 12 through the Centennial agency. 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.. After discovering Ls alleged sexual crimes, the parents say that they contacted Chinese Children Adoption International and that an employee denied knowing about the teens history of sexual abuse. . In 2018, the Intercountry Adoption Accreditation and Maintenance Entity suspended CCAIs accreditation for two weeks for not reporting a childs serious injury within 48 hours. 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. Adopting Siblings A Family for Every Child (2020) at 79]. 1:19-cv-02305-STV (D. Colo. Apr. Children With Special Circumstances in Adoption Children With Special Circumstances in Adoption While each child is unique, children who wait the longest for families (whether in the U.S. foster care system or in another country) often share some common characteristics. Fed. This material may not be published, broadcast, rewritten, or redistributed. Bristol Bay Prods., LLC v. Lampack, 312 P.3d 1155, 1160 (Colo. 2013). 3d 1191, 1206 (D. Colo. 2015). 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. CCAI has adoption programs in China, Bulgaria, Ukraine, Taiwan, Colombia, and here in the United States. 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. Centennial, Colorado - Indiana Couple Sues Chinese Children Adoption International (CCAI), Claiming Failure to Disclose Sexual Abuse History of Adopted Boy, Rape & Sexual Assault Victim - Lawyer Commentary, awsuit against the Centennial-based agency Chinese Children Adoption International, Disclaimer / Terms Of Service & Privacy Policy. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. [##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. Required fields are marked *. [Id. Accordingly, CCAI's Motion is GRANTED to the extent it seeks dismissal of Plaintiffs' NIED claim. See, e.g., Iqbal, 556 U.S. at 678 ("Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Adoption is a lifelong journey, and we are here for you every step of the way. See supra n.8; Dyer v. Lajeunesse, No. at 10 (citing #21 at 43-44)] But nothing in the Amended Complaint suggests that the behavioral evaluation revealed L's true age, or otherwise put the Martins on notice that L was two to three years older than CCAI had represented. 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.. 2015) (quotation omitted). Thank you very much for your response. at 80] In 2018, Ms. Martin contacted a non-profit based in Hong Kong that supports Chinese orphans needing medical care and support and was informed that J previously had a brain tumor. 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. He was identified as L in the lawsuit. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. The Park is CCAI's adoption community center, here to provide lifelong connection and support resources that empower and nurture adoptees and their families to grow and thrive. 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 . The Martins later determined that J had undergone brain surgery in 2011 [id. [#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. Eventually, J developed viral warts around his anus, court records show. 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. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. The suit says CCAI knew or should have known about that. What you need to do will depend on where you are in the intercountry adoption process. [Id. The Amended Complaint includes no allegations as to who represented that J's scar was not from brain surgery, when that statement was made, or how CCAI otherwise explained J's scar when the Martins asked. [#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. 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. By convening policymakers, issue experts and individuals with direct foster care or adoption experience, CCAI works to ensure that every child knows the love and support of a family. [#21 at 9-11] Plaintiffs seek compensatory damages and injunctive relief requiring CCAI to implement protocols to "stop the disregard of the safety of client[]s and their families," among other relief. For example, an agency would have a duty to disclose that a child or teenager in their orphanage had a history of sexually abusing other children before placing that child or teenager in a familys home. 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. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. c. Negligent Infliction of Emotional Distress Claim. Upon being confronted, he allegedly admitted to his adopted parents that he was raping his brothers. He later told a therapist he still had strong sexual urges that he could not control and would abuse boys again if given the chance, says the lawsuit. 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. The Centennial-based agency told the couple the child was 12-years-old, when in fact, the orphan boy was at least 15 to 16 years old, the lawsuit states. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. 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. Alpine Bank, 555 F.3d at 1106. [Id. The agency should have known he was three to five years older, the lawsuit said. [#29 at 15]. at 37] J complained of pain in his buttocks. at 81] CCAI explicitly told the Martins that J's scar was not from brain surgery. Moreover, as noted above, Plaintiffs admit in their Response that their "negligent misrepresentations claims should have been pled separately from [their] general negligence counts and the details more specifically described." Wade v. EMASCO Ins. The Court cannot make such a finding on the facts here. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. 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. 17-cv-00677-CMA-MJW, 2018 WL 1035085, at *3 (D. Colo. Feb. 23, 2018) ("Any claimincluding claims for breach of contract and negligent misrepresentationmay be subject to Rule 9(b)'s heightened pleading standard if the claim is grounded in fraud." at 79] In actuality, J had undergone massive brain surgery in March 2011. 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. Learn how your comment data is processed. By Rally on 8-19-2019 in Abuse in adoption, Adoptee, Adoptee Stories, CCAI, China, How could you? Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. 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 international adoption agencies in the world. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). 22] The adoption of N was a positive experience for the Martins and for N, and the Martins decided to adopt another child as a sibling for N. [Id. Finally, the Court notes that Plaintiffs' arguments with respect to the statute of limitations as to N and J are inapposite [#29 at 2-5], as CCAI does not contend that N and J's claims should be dismissed on statute of limitations grounds [see generally #22]. Is, the damages must be reasonably foreseeable rage and irritability, nightmares. 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