N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). 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. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. Specialties: Three Day Rule is an exclusive matchmaking company with experts dedicated to help you take charge of your dating life and eliminate swiping. 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. That is, the damages must be reasonably foreseeable. 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. According to the claim, the lawsuit was filed on behalf of the couple and two Chinese boys. Specifically, CCAI contends that the Martins should have been on notice of L's age, at the latest, by March 19, 2016, when they took L to a behavioral center for an evaluation. Both N and J were diagnosed with post-traumatic stress disorder as well as attachment disorder, the lawsuit reads, which has left both boys with feelings of rage, irritability, anxiety and sleep disturbances, according the lawsuit. 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. . They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. Hall of Shame-Massachusetts DCF, How Could You? at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. We expect a full vindication through the courts. 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. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). 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. See id. "The philosophy was the blank slate, that adoption is a new. Pros. [#22 at 11; #30 at 6]. 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. 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. The couple filed the lawsuit against CCAI in a Denver U.S. District Court on Tuesday, August 13. In the first month after L was adopted, N started showing possible signs of sexual abuse, including hair loss and decreased appetite, the lawsuit said. CCAI also argues throughout its Motion that N and J cannot state a claim based on misrepresentations as to L's age, because those misrepresentations were made to the Martins, and not to N and J in particular. 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. 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. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). at 47, 61-65], In March 2016, L was charged with two counts of sexual battery and sent to a juvenile detention center. 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. Again, such conclusory statements fail to state a claim. Please look at the time stamp on the story to see when it was last updated. But the Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an, Full title:TAMMY MARTIN and BARRY MARTIN, individually and on behalf of their minor, Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. 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. [Id.] [Id. 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. 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. [See generally #22] In Colorado, "[t]he critical inquiry of when an action accrues is knowledge of the facts essential to the cause of action, not knowledge of the legal theory upon which the action may be brought." They adopted a boy identified as N in 2014 through Bethany Christian. 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. Though damages from negligence have multiple causes, "the chain of causation . 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. Accordingly, CCAI's Motion is GRANTED to the extent it seeks dismissal of Plaintiffs' NIED claim. Poor pay, and sometime there is the expectation of extra hours. 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. 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. Carolina Adoption Services. Myers v. Healthmarkets, Inc., No. [Id. 2010) (quoting Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. 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. 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. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). CCAI is also currently licensed by the Colorado Department of Human Services. 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. [#22] The parties have consented to proceed before the undersigned United States Magistrate Judge for all proceedings, including entry of a final judgment. 2007). 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. 1, 2016); Scott v. Honeywell Int'l Inc., No. 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. Give Light and the People Will Find Their Own Way. [Id. [#21 at 55] But Plaintiffs do not support this assertion with any factual support. 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. 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. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. 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. 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. 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. P. 9(b); see also Heaton v. Am. Hi, Im attorney Dan Lipman. 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. The chain of causation between CCAI stating that L was two to three years younger than his actual age, and L's subsequent abuse of his siblings, is too attenuated. Learn how your comment data is processed. Eventually, J developed viral warts around his anus, court records show. Auto. All rights reserved. Children's Aid Society in Clearfield County . We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. The agency should have known he was three to five years older, the lawsuit said. [Id. In 2015, they adopted a boy they believed was 12 through the Centennial agency. The couple is seeking an undisclosed amount of money and a judges order that would make sure the agency follows court-ordered protocols that would protect other families from facing similar dangers. 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 . Adoption is a lifelong journey, and we are here for you every step of the way. Becky Weichhand, executive director of the Congressional Coalition on Adoption Institute (CCAI), has passed away at the age of 36 after a battle with cancer. [#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. But here, Plaintiffs have filed only a single amended complaint, and have "never before received an opportunity to cure deficiencies identified by this Court." 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." Both N and J were diagnosed with post-traumatic stress disorder as well as attachment disorder, the lawsuit reads, which has left both boys with feelings of rage, irritability, anxiety and sleep disturbances, according the lawsuit. The Court cannot make such a finding on the facts here. To learn more about our Bulgaria Adoption Program, you may contact us, call our office at (502) 423-5780, or email inquiries to Savana Rowe, at savana@nightlight.org. at 25, 29] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. [Id. [ 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.. See, e.g., Leprino Foods Co. v. DCI, Inc., 727 F. App'x 464, 472 n.5 (10th Cir. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. 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/. [#22 at 5-8, 11] Because Plaintiffs have failed to plausibly plead proximate causation as to the negligence claim regarding L's true age, and have failed to plausibly allege breach as to J's medical background, the Court declines to address CCAI's alternative arguments., CCAI argues that it did not breach any duty of reasonable care in determining J's medical background in the context of its argument for dismissal of the negligent misrepresentation claim, but indicates that this argument also applies to the negligence claim. 2007)). CCAI is the best! 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. [Id. Again, a fraud claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9(b). In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. [#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. 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. He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. Please look at the time stamp on the story to see when it was last updated. The suit alleges the family adopted three boys from CCAI between 2014 and 2016 and one of those boys brutally raped the two younger ones. 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. [#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. Affectionately known as "Gotcha Day", this is the day when families are. With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. [See #21 at 29-30, 36], Plaintiffs also allege that CCAI "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." China Adoption: Step 1 The first stage of adoption in China involves assembling a collection of documents called a dossier. He was identified as L in the lawsuit. 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 . may be so attenuated that no proximate cause exists as a matter of law." The parents took L to a behavioral health center where the teen told his therapist that he had strong sexual urges he could not control and would abuse boys again if given the chance. at 23] The Martins wanted to adopt another child from China due to their knowledge of the adoption process there, and the racial affinity that would be shared between N and the second adopted child. [#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. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. 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. [#22 at 13-14] To maintain a claim of fraud, the complaint must plausibly assert that: (1) the defendant made a false representation of a material fact; (2) the defendant knew the representation was false; (3) "the person to whom the representation was made was ignorant of the falsity"; (4) "the representation was made with the intention that it be acted upon"; and (5) "the reliance resulted in damage to the plaintiff." 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. 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. Claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9 b... They helped us every step of the way ; Scott v. Honeywell Int ' l Inc., no known! Also Heaton v. Am be reasonably foreseeable law. lawsuit said that J had a of... The lawsuit said the time stamp on ccai adoption lawsuit story to see when it was updated... Court records show agency should have known he was three to five years older the. 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