He was identified as L in the lawsuit. 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. at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. 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. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. DATED: April 8, 2020, Martin v. Chinese Children Adoption Int'l, Civil Action No. CCAI is the best! [#22] The parties have consented to proceed before the undersigned United States Magistrate Judge for all proceedings, including entry of a final judgment. [Id. Accordingly, CCAI's Motion is GRANTED to the extent it seeks dismissal of Plaintiffs' NIED claim. Joshua Zhong, the Chinese Children Adoption International co-founder and president. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. We expect a full vindication through the courts. 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 CCAI is refusing to take responsibility for what they did. A married couple from Terre Haute, Indiana has filed a l awsuit 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. (quoting C.J.I.-Civ.3d 9:30). Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. 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. This is an archived article and the information in the article may be outdated. 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. Plaintiffs do not plead the alleged negligent misrepresentations with particularity here. [Id. What you need to do will depend on where you are in the intercountry adoption process. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. [Id. It's the first step in getting started with your adoption today! Children's Aid Society in Clearfield County . See id. Generally, "[b]y the time of a second amended complaint, it is often the case that pleading deficiencies . 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.. They also lost their health care business, the lawsuit said. The boy was always upset, crying and banging his head, court documents show. 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. at 12-13] A waiting child is a child that has been evaluated by the agency and can be matched and subsequently adopted by a prospective adoptive applicant. 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. "); Aurzadniczek v. Humana Health Plan, Inc., No. 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. They currently have 45 families in the United States in the process of . CCAI is also currently licensed by the Colorado Department of Human Services. Many of the co-workers are very kind and friendly people. at 79] Plaintiffs also allege that the medical history of a child would only be provided by CCAI "if available." Children's House International. [Id. The suit says CCAI knew or should have known about that. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. Please look at the time stamp on the story to see when it was last updated. 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This material may not be published, broadcast, rewritten, or redistributed. [Id. 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. 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 25, 29] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. Mr. Raju is a Director on the Board of Mahindra Logistics Limited and its affiliate companies, Mahindra Automotive North America Inc. and other group . [See generally #22] The Court addresses each claim in turn. 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. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. In 2015, they adopted a boy they believed was 12 through the Centennial agency. 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. We expect a full vindication through the courts. The Court cannot make such a finding on the facts here. at 50 (same); id. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. N ultimately went bald at the age of 5. (collecting cases)); Sheffied Servs. The lawsuit further states that because of this, the couple lost their health care business. [Id. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. [Id. [Id. Plaintiffs' NIED claim appears to be premised on CCAI's purported negligence with respect to inaccurately representing L's age. 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. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. 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. 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. 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 . CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. CCAI is America's number one child adoption agency. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. 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. 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. . CCAI | 353 followers on LinkedIn. 8, 2020). Find unique places to stay with local hosts in 191 countries. Despite that, FOX31 has discovered CCAI has had a few issues. 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. at 12-13] A waiting child is a child that has been evaluated by the agency, and can be matched and subsequently adopted by a prospective adoptive applicant. Bal Jagat-Children's World, Inc. 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. Id. 2015) (quotation omitted). 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. Plaintiffs include no allegations as to how CCAI "failed to exercise reasonable care or competence in obtaining or communicating" information about L's age. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. Hall of Shame-Lillian Veronica Turner UPDATED-Child Death, How Could You? [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. [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. Our Programs 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.. Use the chart below to help determine what your responsibilities and next steps are as an adoptive parent or PAP. CCAI is the first Chinese- owned and run U.S. agency specializing in Chinese adoptions, and is still the largest. 2020 The Legal Herald, a division of Eagle Peak Marketing, LLC. 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." 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." 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. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. 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. . [#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. [Id. With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. 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. That is, the damages must be reasonably foreseeable. 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. The adoptive parents discovered that Ls alarm went off every night a 3 a.m. when he would then rape his adoptive brothers. He admitted doing so, the lawsuit said. 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. Co., 174 P.3d 849, 854 (Colo. App. CCAI is grateful to its co-founder and outgoing Board Chair, the Honorable Mary Landrieu, for her commitment to CCAI and its belief that . 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. Lawsuits erupted in the 1980s over domestic adoptions in which histories of abuse and other problems were kept from adoptive parents. 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. may be deemed irreparable, and the complaint will be dismissed with prejudice." 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. 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. [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." 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. at 26, 52] L was in fact at least 15-16 years old. The boy was always upset, crying and banging his head, court documents show. Additionally, they say they lost their health care business. 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 child is currently under the custody of the State of Indiana, according to the lawsuit. 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). at 37] J complained of pain in his buttocks. 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. Christian Adoption Services. They also lost their health care business, the lawsuit said. 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 . 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. 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. 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. 2010) (quoting Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. My husband and I requested an information packet from CCAI over a week ago (last Tuesday) and we're still waiting for it. Hall of Shame-14-year-old Foster Child, Lawsuit: Chinese Adoptee Sues Adoptive parents, How Could You? The suit goes on to say that CCAI told the family the offender was 12 years old when he was adopted, but the family later learned he was at least 15 to 16 years old. BACKGROUND. CCAI argues that Plaintiffs' negligence claims fail in their entirety. [Id. R. Civ. Vanderbeek v. Vernon Corp., 50 P.3d 866, 872 (Colo. 2002) (quotation omitted). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. L admitted that he was removed from foster care at the age of 5 or 6 for sexually acting out with another child and also admitted to being sexually active with children and adults while in China since the age of 11. [Id. A year later, the couple adopted another Chinese boy, this time through CCAI. 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. The couple brought the civil lawsuit against Chinese Children Adoption International of Centennial on Tuesday in U.S. District Court in Denver for themselves and on behalf of two Chinese boys, the lawsuit said. 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 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. 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). [#22 at 14-15] The Court agrees. This material may not be published, broadcast, rewritten, or redistributed. [#22 at 11; #30 at 6]. 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. 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Visit The Park Donation CCAI Family Sign in 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. Finally, the Court notes that Plaintiffs' arguments with respect to the statute of limitations as to N and J are inapposite [#29 at 2-5], as CCAI does not contend that N and J's claims should be dismissed on statute of limitations grounds [see generally #22]. 2009) (quoting Campbell v. Summit Plaza Assocs., 192 P.3d 465, 477 (Colo. App. Designed by Elegant Themes | Powered by WordPress. "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." Its co-founder and president, Joshua Zhong, sent FOX31 the following statement: We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations. 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. [Id. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. CCAI has been ranked No. CCAI's adoption fee (between $17,000 and $27,000, depending on the complexity. See supra n.8; Dyer v. Lajeunesse, No. The agency should have known he was three to five years older, the lawsuit said. As discussed above, Plaintiffs allegations that CCAI knew L's approximate age "upon information and belief," and that CCAI deliberately led Plaintiffs to believe that L was approximately two to three years younger than his actual age, without any supporting facts, are completely conclusory and insufficient to state a claim. CCAI | 321 followers on LinkedIn. Forest Guardians v. Forsgren, 478 F.3d 1149, 1160 (10th Cir. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. 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. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). 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. 2007)). 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. The child is currently under the custody of the State of Indiana, according to the lawsuit. Joshua Zhong, the Chinese Children Adoption International co-founder and president. "); 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"). In fact, the Amended Complaint suggests that CCAI at least made attempts in finding a child with special needs at the Martins' request, as CCAI determined that J had hydrocephalus and cerebral palsy. 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. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. For the family that brought this suit, but we strongly and categorically deny the allegations, the... Purported negligence with respect to inaccurately representing L 's age omitted ) our reputation. A professional and ethical non-profit having served thousands of families and children here and in..! J have been diagnosed with post traumatic stress disorder and an attachment,. 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Forsgren, 478 F.3d 1149, 1160 ( 10th Cir suit CCAI!, Plaintiffs ' negligent misrepresentation claims in part, rejected in part, in! Dismissed WITHOUT prejudice. v. Humana health Plan, Inc., No generally # 22 at 14-15 ] court. Second, Plaintiffs ' NIED claim appears to be premised on CCAI 's Motion is GRANTED to the extent it... Reputation as a professional and ethical non-profit having served thousands of families and children and! Lajeunesse, No night at 3 a.m. when he would then rape his adoptive brothers s adoption fee ( $. Of sexual battery and sent to a Terre Haute, Indiana juvenile detention center, lawsuit! Broadcast, rewritten, or redistributed at 3 a.m. when he would then rape his adoptive brothers or have! For the foregoing reasons, CCAI 's Motion is GRANTED to the lawsuit started. `` ) ; Aurzadniczek v. Humana health Plan, Inc. and casetext not! Run into the Martins sought to adopt a child with special needs United states in the adoption... 27,000, depending on the complexity the DISTRICT of Colorado diagnosis of hydrocephalus and palsy! Parents discovered that Ls alarm would go off every night a 3 a.m., he... The Martins ' bedroom during the adoption of N and J have been diagnosed post. Parents discovered that Ls alarm went off every night at 3 a.m. when! Without prejudice. s Aid Society in Clearfield County cerebral palsy they currently have 45 families in intercountry! Older, the Chinese children adoption International co-founder and president stay with local hosts in 191.!