[Id. Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. R. Civ. 1, 2016); Scott v. Honeywell Int'l Inc., No. [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. 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. at 28 ("Upon information and belief, CCAI knew or should have known Minor Child L's approximate age.")] 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 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. Despite that, FOX31 has discovered CCAI has had a few issues. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. A year later, the couple adopted another Chinese boy, this time through CCAI. [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." [#22 at 11; #30 at 6]. The boy was identified as L in the civil lawsuit. Id. 14-cv-00157-PAB-MJW, 2015 WL 1517527, at *11 n.10 (D. Colo. Mar. 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. 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. 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. 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. [#29 at 15]. The signs included a bloody stool and loss of appetite. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). (quoting C.J.I.-Civ.3d 9:30). 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. 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 . "); id. N ultimately went bald at the age of 5. Hall of Shame-UK-Aaron Abbott, How Could You? Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." 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. at 43] On March 19, 2016, the Martins took L to a behavior center, where L told his therapist that he had strong sexual urges that he could not control, and that he would continue the abuse of his adoptive brothers if given the chance. 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. Give Light and the People Will Find Their Own Way. 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. Auto. How Could You? 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). March 1st is International Wheelchair Day! Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? While the allegations in the Amended Complaint do suggest that the Martins would have been on notice of L's maladaptive sexual behavior and abuse of his adoptive brothers at that point [#21 at 41-45], the Martins' claims appear to be premised not on any statements or representations made by CCAI as to L's medical and sexual history, but instead on CCAI's representations about 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. They adopted a boy identified as N in 2014 through Bethany Christian Services. 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. . 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. They currently have 45 families in the United States in the process of . N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). [Id. 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. Bell Atl. He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. 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.. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. We expect a full vindication through the courts. 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. [Id. [Id. For the foregoing reasons, CCAI's Motion to Dismiss [#22] is GRANTED IN PART and DENIED IN PART. 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. at 47, 61-65], In March 2016, L was charged with two counts of sexual battery and sent to a juvenile detention center. 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. Plausibility refers "to the scope of the allegations in a complaint: if they are so general that they encompass a wide swath or conduct, much of it innocent, then the plaintiffs 'have not nudged their claims across the line from conceivable to plausible.'" 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. Alpine Bank v. Hubbell, 555 F.3d 1097, 1106 (10th Cir. Reviews Adoption is our passion; families benefit from our specialized and personal service, and our adoption costs are among the lowest in the field of international adoption. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). A year later, the couple adopted another Chinese boy, this time through CCAI. For the following reasons, the Motion is GRANTED IN PART and DENIED IN PART. 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. What you need to do will depend on where you are in the intercountry adoption process. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. CCAI | 353 followers on LinkedIn. 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. We customize matches to fit your lifestyle, only introducing you to the best dates. 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. (collecting cases)); Sheffied Servs. 2007). I. The suit says CCAI knew or should have known about that. 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. at 79]. 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." Because the Court sits in diversity, it applies Colorado law. [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. 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. 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.. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. CCAI | 321 followers on LinkedIn. The Congressional Coalition on Adoption Institute (CCAI) educates and advocates to raise awareness of the needs of children without families. Under Federal Rule of Civil Procedure 12(b)(6), a court may dismiss a complaint for "failure to state a claim upon which relief can be granted." During this suspension, CCAI must cease to provide all services in connection with intercountry adoption cases. In deciding a motion under Rule 12(b)(6), a court must "accept as true all well-pleaded factual allegations . 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. Eventually, J developed viral warts around his anus, court records show. Again, a fraud claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9(b). Hosting is an excellent option for families who are considering adopting an older child. 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. Hall of Shame, Lawsuits. He was identified as L in 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. [Id. [#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.'" 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. CCAI is grateful to its co-founder and outgoing Board Chair, the Honorable Mary Landrieu, for her commitment to CCAI and its belief that . 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. Cassanova v. Ulibarri, 595 F.3d 1120, 1124 (10th Cir. Required fields are marked *. [See generally #22] Plaintiffs have filed a response [#29] and CCAI has filed a reply [#30]. CCAI is America's number one child adoption agency. [#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. CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. Co., 483 F.3d 657, 665-66 (10th Cir. Established in 2010. [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. at 32] N would also run into the Martins' bedroom during the night to get into bed with them. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. Fed. . [Id. Find unique places to stay with local hosts in 191 countries. "); 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"). The Court need not wade into the uncertain territory of whether the Colorado Supreme Court would extend the special relationship doctrine in the context currently before the Court. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. In 2014, they adopted a boy identified as N through Bethany Christian services. 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. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. Bristol Bay Prods., LLC v. Lampack, 312 P.3d 1155, 1160 (Colo. 2013). Co., 174 P.3d 849, 854 (Colo. App. at 81] CCAI explicitly told the Martins that J's scar was not from brain surgery. According to the lawsuit, the employee also said that he was 12 years old even though he was actually three to five years older. He was charged with two counts of sexual battery and was sent to a juvenile detention center in Terre Haute, according to the lawsuit. Hi, Im attorney Dan Lipman. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. Specialties: Three Day Rule is an exclusive matchmaking company with experts dedicated to help you take charge of your dating life and eliminate swiping. The Martins later determined that J had undergone brain surgery in 2011 [id. Make your practice more effective and efficient with Casetexts legal research suite. at 79] In actuality, J had undergone massive brain surgery in March 2011. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). 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 14-15] The Court agrees. Additionally, they say they lost their health care business. 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