Ins. Adoption Service Providers. A subsequent psycho-sexual assessment found the teenager had a long history of sexually abusing multiple children and that the sex abuse was differentiated from normative sexual play or curiosity and exploration (i.e. [#29 at 15]. 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. may be so attenuated that no proximate cause exists as a matter of law." Children's House International. 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rapes their two younger children and they discover he had a history of sexually abusing kids, Your email address will not be published. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. It has been called Dr. Seuss Day because of this. If you or your child is asurvivor of sexual abuserelated to adoption agency negligence, you can learn more about your familys legal options by speaking with an experienced sex abuse victims attorney. [#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." See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. The lawsuit further states that because of this, the couple lost their health care business. Hall of Shame-14-year-old Foster Child, Lawsuit: Chinese Adoptee Sues Adoptive parents, How Could You? 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. 3d 1191, 1206 (D. Colo. 2015). [See generally #22] Plaintiffs have filed a response [#29] and CCAI has filed a reply [#30]. Complete this brief inquiry form. 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. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. 2013) (citing Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. 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. The Motion is DENIED to the extent it seeks dismissal with prejudice, and Plaintiffs' claims are DISMISSED WITHOUT PREJDUICE. CCAI argues that each of Plaintiff's claims, (1) negligence, (2) negligent misrepresentation, (3) negligent infliction of emotional distress, and (4) fraud, must be dismissed with prejudice. Wilson v. Montano, 715 F.3d 847, 850 n.1 (10th Cir. Ass'n, 166 P.3d 304, 307 (Colo. App. [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. 8, 2020). Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." [See #21 at 50, 79, 100], Courts in this Circuit have held that when a plaintiff's negligent misrepresentation claims are grounded in fraud, those claims must meet the more stringent standards of Federal Rule of Civil Procedure 9(b), requiring a party to "state with particularity the circumstances constituting fraud." 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. CCAI has been ranked No. 2018) ("[I]t is unclear whether a claim for negligent nondisclosure is viable at all in Colorado. 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 boy was identified as L in the civil lawsuit. 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 99-100] are insufficient. All rights reserved. Eventually, J developed viral warts around his anus, court records show. I did countless hours researching adoption agencies and I am so glad we chose 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. Opinion: Colorado farms going fallow? Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. [#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.'" at 27] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. There are many children in need of forever families. 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. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. [Id. The Congressional Coalition on Adoption Institute is a nonprofit, nonpartisan organization dedicated to raising awareness about the millions of children around the world in need of permanent, safe, and nurturing families and to eliminating the barriers that hinder these children from realizing their basic right to a family. 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. 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. 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. 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. In 2015, they adopted a boy they believed was 12 through the Centennial agency. We expect a full vindication through the courts. Bell Atl. 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 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." 2007)). and view these allegations in the light most favorable to the plaintiff." [#29 at 15]. . Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. Accordingly, CCAI's Motion is GRANTED to the extent it seeks to dismiss Plaintiffs' fraud claim. 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." [#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." 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. Because better pleading may cure deficiencies with this claim, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice and the NIED claim is DISMISSED WITHOUT PREJUDICE. 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. [Id. First, Plaintiffs' claims, as CCAI recognizes, are not solely premised on CCAI's alleged failure to act, but also on CCAI's affirmative actions in the form of purported misrepresentations. [#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. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. 14-cv-00157-PAB-MJW, 2015 WL 1517527, at *11 n.10 (D. Colo. Mar. Again, a fraud claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9(b). [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." Attorney contributor Dan Lipman represents sexual abuse victims and their families in civil lawsuits. 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. [#1] Plaintiffs filed the operative First Amended Complaint and Jury Demand (the "Amended Complaint") on October 29, 2019. at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). Co. v. Trowbridge, 211 P.3d 714, 725 (Colo. App. Myers, 2009 WL 1292828, at *3 (quoting Wagner v. Grange Ins. Few/to no opportunities for advancement. The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. A year later, the couple adopted another Chinese boy, this time through CCAI. Sarah Harmon is the Waiting Child Program manager at CCAI Adoption Services, which has been working in Ukraine since 2014. 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. Parents travel to China to meet the newest members of their family. Hall of Shame -Dwayne and Pam Hardy-UPDATED, How Could You? Id. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. 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. [#21 at 20] In March 2014, the Martins adopted Minor Child N ("N") from China through Bethany Christian Services. Finally, CCAI moves for the dismissal of Plaintiffs' fraud claim, including because Plaintiffs do not make any factual averments indicating that CCAI knew that it incorrectly represented L's age. Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . 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. CCAI | 353 followers on LinkedIn. 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 Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. Fed. 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. 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. BACKGROUND. 2016) (quotation omitted). They currently have 45 families in the United States in the process of . 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. 2020 The Legal Herald, a division of Eagle Peak Marketing, LLC. [Id. 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. Established in 2010. How Could You? Give Light and the People Will Find Their Own Way. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). Lawsuits erupted in the 1980s over domestic adoptions in which histories of abuse and other problems were kept from adoptive parents. 15-cv-00146-RM-KMT, 2016 WL 9735775, at *4 (D. Colo. Feb. 23, 2016) ("The Colorado Supreme Court has never adopted a claim for negligent non-disclosure or negligent omission as distinct from negligent affirmative misrepresentations or fraudulent omission or concealment. 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. March 1st is International Wheelchair Day! CCAI argues that Plaintiffs' negligence claims fail in their entirety. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. 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. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. Additionally, they say they lost their health care business. 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/. My husband and I requested an information packet from CCAI over a week ago (last Tuesday) and we're still waiting for it. 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. The Congressional Coalition on Adoption Institute (CCAI) educates and advocates to raise awareness of the needs of children without families. 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. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? In deciding a motion under Rule 12(b)(6), a court must "accept as true all well-pleaded factual allegations . 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. 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. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. 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. [Id. CCAI is also currently licensed by the Colorado Department of Human Services. Eventually, J developed viral warts around his anus, court records show. He moved to Mahindra in 2014 and has been instrumental in creating core internal competencies, integrating the legal function with group businesses and promoting greater adoption of technology. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. "); Twombly, 550 U.S. at 564 n.10 (noting that a claim that does not mention a specific time, place, or person leaves a defendant with "little idea where to begin"). N ultimately went bald at the age of 5. [#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. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. DENVER 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. Carolina Adoption Services. 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. [#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. [Id. 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. [Id. Make your practice more effective and efficient with Casetexts legal research suite. He was identified as L in the lawsuit. Cassanova v. Ulibarri, 595 F.3d 1120, 1124 (10th Cir. Visit The Park Donation CCAI Family Sign in [See id. 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." 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. P. 9(b); see also Heaton v. Am. Plaintiffs' NIED claim appears to be premised on CCAI's purported negligence with respect to inaccurately representing L's age. Co., 483 F.3d 657, 665-66 (10th Cir. at 28 ("Upon information and belief, CCAI knew or should have known Minor Child L's approximate age.")] Your email address will not be published. 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. A year later, the couple adopted another Chinese boy, this time through CCAI. CCAI is the best! But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. 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. (quotation omitted) (citing cases). 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. By Rally on 8-19-2019 in Abuse in adoption, Adoptee, Adoptee Stories, CCAI, China, How could you? at 79]. Fed. 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. 2009) (quoting Campbell v. Summit Plaza Assocs., 192 P.3d 465, 477 (Colo. App. 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. [Id. 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.. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. 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