Close All Open All The Six Adoption Services Evidence of a Primary Provider Finding a New Accredited or Approved Primary Provider 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. 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." Bell Atl. [Id. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. at 12] CCAI filed the instant Motion on November 12, 2019, arguing that the Amended Complaint should be dismissed in its entirety pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). 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. Sarah Harmon is the Waiting Child Program manager at CCAI Adoption Services, which has been working in Ukraine since 2014. Id. P. 9(b); see also Heaton v. Am. 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. Children's Aid Society in Clearfield County . 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. BACKGROUND. We expect a full vindication through the courts. 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. 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. 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. Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. [#21 at 53; see also id. 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. Myers, 2009 WL 1292828, at *3 (quoting Wagner v. Grange Ins. 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. The agency should have known he was three to five years older, the lawsuit said. 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. 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.. 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.. 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. Lawsuits erupted in the 1980s over domestic adoptions in which histories of abuse and other problems were kept from adoptive parents. 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. Give Light and the People Will Find Their Own Way. 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. 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. [#29 at 15]. 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 37] J complained of pain in his buttocks. 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. [Id. at 74-78], The Martins have also incurred unexpected health costs related to J's medical conditions. [#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. [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. In 2015, they adopted a boy they believed was 12 through the Centennial agency. Meet some of these precious kids currently waiting for adoption! at 26, 52] L was in fact at least 15-16 years old. 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. 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. c. Negligent Infliction of Emotional Distress Claim. 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. [See #21 at 100] The negligent misrepresentation claim as to J's medical history also fails under the less stringent standards of Rule 8 because Plaintiffs do not include any factual detail explaining how CCAI failed to exercise reasonable care in determining and communicating that J "had a diagnosis of hydrocephalus and cerebral palsy." [Id. 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. 2007). In 2015, they adopted a boy they believed was 12 through the Centennial agency. 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. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. Global Orphan Outreach: Liberian Bogus Orphanage Exposed, How Could You? 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. at 28 ("Upon information and belief, CCAI knew or should have known Minor Child L's approximate age.")] [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.. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. CCAI is refusing to take responsibility for what they did. 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. Generally, "[b]y the time of a second amended complaint, it is often the case that pleading deficiencies . 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. . The Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an omission or nondisclosure. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. The ultimate duty of the court is to "determine whether the complaint sufficiently alleges facts supporting all the elements necessary to establish an entitlement to relief under the legal theory proposed." The lawsuit further states that because of this, the couple lost their health care business. Complete this brief inquiry form. 1:19-cv-02305-STV (D. Colo. Apr. R. Civ. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. The boy was always upset, crying and banging his head, court documents show. 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 . "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. 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.. [Id. Additionally, they say they lost their health care business. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. Mr. Raju is a Director on the Board of Mahindra Logistics Limited and its affiliate companies, Mahindra Automotive North America Inc. and other group . at 79]. Accordingly, CCAI's Motion is GRANTED to the extent it seeks dismissal of Plaintiffs' NIED claim. 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. 2008) (quoting Twombly, 550 U.S. at 570). [Id. 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. With respect to L's age, there are no allegations in the Amended Complaint describing which individual(s) made the statements regarding L's age. 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. Copyright 2019 Scripps Media, Inc. All rights reserved. Alpine Bank, 555 F.3d at 1106. 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. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. CCAI has adoption programs in China, Bulgaria, Ukraine, Taiwan, Colombia, and here in the United States. [#22 at 14-15] The Court agrees. [See generally #22] Plaintiffs have filed a response [#29] and CCAI has filed a reply [#30]. We have answers. Hall of Shame -Dwayne and Pam Hardy-UPDATED, How Could You? 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. [#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." He was identified as L in the lawsuit. 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. I. Adoption Service Providers. CCAI | 321 followers on LinkedIn. It's the first step in getting started with your adoption today! 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. 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. [#29 at 11] But these statements go to actual, or "but for" causenot proximate cause. Our Programs [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. CCAI has been ranked No. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. According to the claim, the lawsuit was filed on behalf of the couple and two Chinese boys. 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. [See generally #21]. 2010) (quoting Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. 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. Make your practice more effective and efficient with Casetexts legal research suite. [Id. 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. 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. Carolina Adoption Services. This is an archived article and the information in the article may be outdated. Hydrocephalus and cerebral palsy Copyright 2019 Scripps Media, Inc. All rights reserved fact at least years. Negligent misrepresentation claim can be premised on an omission or nondisclosure seeks dismissal of '. S Aid Society in Clearfield County e.g., Iqbal, 556 U.S. 678..., 2016 WL 1266972 ( D. Colo. 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