I. [Id. Adoption is a lifelong journey, and we are here for you every step of the way. 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. 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.. at 52 ("CCAI represented Minor Child L's birthday as July 3, 2003.")] [#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. 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.. 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. 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 . Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. 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. A year later, the couple adopted another Chinese boy, this time through CCAI. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. 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. 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. Bell Atl. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. The couple from Terre Haute, Indiana, began adopting Chinese children after their six children became adults, the lawsuit states, adopting a child identified as N in 2014 through Bethany. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. Poor pay, and sometime there is the expectation of extra hours. 2018) ("[I]t is unclear whether a claim for negligent nondisclosure is viable at all in Colorado. at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. 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. The child is currently under the custody of the State of Indiana, according to the lawsuit. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Required fields are marked *. [#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." 2016) (quotation omitted). 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 . 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. P. 9(b); see also Heaton v. Am. It has been called Dr. Seuss Day because of this. [#22 at 14-15] The Court agrees. [#29 at 11] But these statements go to actual, or "but for" causenot proximate cause. Price of gas in Colorado has risen 51% since Suncor's refinery shutdown in late December, Letters: Proposed age limit for gun ownership in Colorado doesn't make sense, Skygazers will have a great view Wednesday of two planets that look like they are almost touching, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. George v. Urban Settlement Servs., 833 F.3d 1242, 1254 (10th Cir. [Id. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. and view these allegations in the light most favorable to the plaintiff." They currently have 45 families in the United States in the process of . Because of extreme financial and emotional pressures linked to the sexual abuse, the adoptive parents sold their house at a loss and moved to Washington state. [#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. 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. Christian Adoption Services. Hall of Shame- Michael Gregory Oakleaf UPDATED, How Could You? 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. 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. Two months 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. According to the lawsuit, the parents eventually realized that Ls alarm was going off every night at 3 a.m. and that he would rape his adoptive brothers at this time. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. WASHINGTON, D.C., January 10, 2022 - The Board of Directors of the Congressional Coalition on Adoption Institute (CCAI) has named its officers for 2022: Susan Neely (Chair), Rita Lewis (Vice Chair), Brian Graff (Treasurer), and Susan Hirschmann (Secretary). Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. 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. Hall of Shame -Dwayne and Pam Hardy-UPDATED, How Could You? Few/to no opportunities for advancement. It also says the boy sexually assaulted other children and was sexually assaulted by adults at an orphanage in China. CCAI is also currently licensed by the Colorado Department of Human Services. Court documents further state that 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. may be so attenuated that no proximate cause exists as a matter of law." [#22 at 11; #30 at 6]. Opinion: Colorado farms going fallow? Joshua Zhong, the Chinese Children Adoption International co-founder and president. Bal Jagat-Children's World, Inc. 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. CCAI is refusing to take responsibility for what they did. 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. [#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. Generally, "[b]y the time of a second amended complaint, it is often the case that pleading deficiencies . [Id. In deciding a motion under Rule 12(b)(6), a court must "accept as true all well-pleaded factual allegations . The boy was identified as L in the civil lawsuit. 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 [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." [#29 at 15]. The couple are asking for an unspecified amount of money and a judges order ensuring the adoption agency follow court-ordered protocols that keep families and children safe, according to the lawsuit filed by Indianapolis attorneys Jonathan Little, Derrick Morgan and Annemarie Alonso. The Martins, individually and on behalf of N and J, filed the instant action on August 13, 2019. If a failure to disclose a history of abuse results in a familys other children becoming victims of abuse, that family may have grounds fora lawsuit against the adoption agency. at 39] The Martins believed the pain was a result of J's abuse at a Chinese orphanage, but J later developed viral warts around his anus. 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. 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." Because Plaintiffs, with the exception of J, may be able to state a fraud claim with better pleading, the Motion is DENIED to the extent it seeks dismissal of the fraud claim with prejudice, and that claim is DISMISSED WITHOUT PREJUDICE. About us Adoption Services We bring children and families together through adoption CCAI has united over 13,000 children from 6 different countries with their forever families Adoption Services Hosting He was identified as L in the lawsuit. [ Id. They adopted a boy identified as N in 2014 through Bethany Christian. 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. Our Programs The couple filed the lawsuit against CCAI in a Denver U.S. District Court on Tuesday, August 13. Fed. Eventually, J developed viral warts around his anus, court records show. [#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. 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 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. Have trusted CCAI to help fulfill their family dreams, Impacted by the Children Charity Fund efforts and Lily Orphan Care Centers, Have engaged in The Parks lifelong adoptee and family support programming. 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.. 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. [Id. Plaintiffs' NIED claim appears to be premised on CCAI's purported negligence with respect to inaccurately representing L's age. at 100]. at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). . at 32] N would also run into the Martins' bedroom during the night to get into bed with them. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. CCAI is also committed to post-adoption support of families through cultural education, support services for both parents and adopted children, and helping to maintain connections between adoptive 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. 1:19-cv-02305-STV (D. Colo. Apr. That is, the damages must be reasonably foreseeable. 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. 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. 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." Copyright 2019 Scripps Media, Inc. All rights reserved. 08-cv-01533-CMA-CBS, 2009 WL 1292828, at *3 (D. Colo. May 8, 2009) (quoting Olson v. State Farm Mut. [Id. China Adoption: Step 1 The first stage of adoption in China involves assembling a collection of documents called a dossier. The suit alleges the family adopted three boys from CCAI between 2014 and. The agency should have known he was three to five years older, the lawsuit said. As CCAI notes, in a nonfeasance case, where the defendant is alleged to have failed to act, Colorado courts have only recognized a legal duty owed to a plaintiff in six specified types of relationships, including common carrier/passenger, innkeeper/guest, possessor of land/invited entrant, employer/employee, parent/child, and hospital/patientnone of which are present here. Hall of Shame, Lawsuits. [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. 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. Children's House International. 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. R. Civ. [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." 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 2014, they adopted a boy identified as N through Bethany Christian services. [Id. 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. 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. Dillon International, Inc. [#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.'" The bottom line is: this is one of the most traumatic things Ive ever seen, said Jonathan Little, one of the familys attorneys. 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. 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 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.. P. 12(b)(6). Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . CCAI has been ranked No. We expect a full vindication through the courts. 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. 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. [#21 at 20] In March 2014, the Martins adopted Minor Child N ("N") from China through Bethany Christian Services. The couple are 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. A year later, the couple adopted another Chinese boy, this time through CCAI. 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. 2009) (quoting Campbell v. Summit Plaza Assocs., 192 P.3d 465, 477 (Colo. App. Hall of Shame-Sylvia and Anthony Vasquez UPDATED, How Could You? Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. 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 [email protected]. at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. 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. "); Aurzadniczek v. Humana Health Plan, Inc., No. 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. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. at 67-68], The Martins were forced to sell their home and move across the country in an effort to help N and J cope with the abuse they had suffered, including moving away from the traumatic memories associated with the home. Learn how your comment data is processed. at 80-81], though CCAI had informed the Martins that J's scar was not from brain surgery [id. 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). Month of the boys arrival, the lawsuit against CCAI in a Denver U.S. DISTRICT Court on Tuesday August. The rapes, the Chinese children adoption International co-founder and president boy identified as in. 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