He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. The Motion is GRANTED to the extent it seeks dismissal of Plaintiff's negligence, negligent misrepresentation, negligent infliction of emotional distress, and fraud claims. A year later, the couple adopted another Chinese boy, this time through CCAI. 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. Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. See supra n.8; Dyer v. Lajeunesse, No. Corp. v. Twombly, 550 U.S. 544, 555 (2007). 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. 8, 2020). 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. 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). What you need to do will depend on where you are in the intercountry adoption process. Access CCAI's extensive in-person and online parent training curriculum whether you are preparing for your adoption or replenishing your parenting toolbox Learn More. 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, 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. 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.. In deciding a motion under Rule 12(b)(6), a court must "accept as true all well-pleaded factual allegations . Plaintiffs include no allegations as to how CCAI "failed to exercise reasonable care or competence in obtaining or communicating" information about L's age. 2013) (citing Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. The boy was always upset, crying and banging his head, court documents show. What they did is dangerous (and) reckless.. [See id. 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. 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. . 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. And again, Plaintiffs' claims against CCAI with respect to L appear limited to CCAI's purported misrepresentation of L's age. 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 Congressional Coalition on Adoption Institute (CCAI) educates and advocates to raise awareness of the needs of children without families. The agency should have known he was three to five years older, the lawsuit said. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). 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. CCAI | 321 followers on LinkedIn. 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]. Hall of Shame-Juanita Shorty and Lenora Harrell. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. For the following reasons, the Motion is GRANTED IN PART and DENIED IN PART. [##16, 18] The Court has carefully considered the Motion and related briefing, the entire case file, and the applicable case law, and has determined that oral argument would not materially assist in the disposition of the Motion. [Id. [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. [Id. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. 2007)). 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. 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 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. As to the negligence claim premised on CCAI's representation of J's medical history, the Court agrees with CCAI that there are no supporting allegations demonstrating how CCAI failed to reasonably inquire into J's health, and thus Plaintiffs have failed to plausibly plead that CCAI breached any duty to Plaintiffs. [Id. at 39-40], The Martins discovered that L's alarm would go off every night at 3 a.m., at which time L would rape his adoptive brothers. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. [Id. 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. 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. 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.. Jun 8, 2014. [#22 at 11; #30 at 6]. 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. Auto. Joyous Chinese Cultural School Joyous Chinese Cultural School opened in 1996 to provide positive and engaging cultural connection opportunities for adoptees, their families, and . According to the lawsuit, an Indiana counseling agency confirmed that L had sexually abused multiple children before he was adopted. [Id. We customize matches to fit your lifestyle, only introducing you to the best dates. N ultimately went bald at the age of 5. . 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. . [Id. at 72-73] The Martins lost their health care business, and both N and J have post-traumatic stress disorder ("PTSD"), attachment disorder, and numerous other mental and physical health conditions, including irritability, sleep disturbance, rage, and anxiety. [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." [#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. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. 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. 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. (collecting cases)); Sheffied Servs. Global Orphan Outreach: Liberian Bogus Orphanage Exposed, How Could You? With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. The Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an omission or nondisclosure. 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." 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. CCAI is the first Chinese- owned and run U.S. agency specializing in Chinese adoptions, and is still the largest. 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. They adopted a boy identified as N in 2014 through Bethany Christian Services. The Centennial-based agency told the couple the child was 12-years-old, when in fact, the orphan boy was at least 15 to 16 years old, the lawsuit states. at 37] J complained of pain in his buttocks. [#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. Required fields are marked *. 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. They adopted a boy identified as N in 2014 through Bethany Christian. 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. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. 2008)). 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Make your practice more effective and efficient with Casetexts legal research suite. 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. 2008) (quoting Twombly, 550 U.S. at 570). Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. Joshua Zhong, the Chinese Children Adoption International co-founder and president. [#22 at 14-15] The Court agrees. at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). 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. [See generally #22] The Court addresses each claim in turn. I. . Bal Jagat-Children's World, Inc. Please look at the time stamp on the story to see when it was last updated. 30, 2015) ("It is not entirely clear that plaintiff can maintain a negligent misrepresentation claim based upon defendant's omissions." We expect a full vindication through the courts. at 36] After beginning to live with the Martins, J would wake up screaming and crying. Id. 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. Wade v. EMASCO Ins. All God's Children International. 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. Plaintiffs have not pleaded the foregoing elements with particularity, especially with respect to what individual(s) from CCAI made the statements about L's age, and how any representatives from CCAI knew that they had falsely represented L's true age. 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. "We have lost our vibrant leader and dear friend," CCAI said, in a statement issued today. [#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." [Id. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligence claims. 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.. 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 . 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. Complete this brief inquiry form. 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. 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. R. Civ. "); Aurzadniczek v. Humana Health Plan, Inc., No. 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/. CCAI has been ranked No. According to the lawsuit, the couple started adopting Chinese Children after their six biological children had become adults. 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. 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. 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. Accordingly, CCAI's Motion is GRANTED to the extent it seeks to dismiss Plaintiffs' fraud claim. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. Indiana Adoption Program (2020) Presents five key reasons for families to consider adopting a sibling group, including the sense of stability and security siblings provide, the mental health and attachment benefits, and more. 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. Learn how your comment data is processed. Attorney contributor Dan Lipman represents sexual abuse victims and their families in civil lawsuits. The agency reports CCAI is currently accredited. Designed by Elegant Themes | Powered by WordPress. Hall of Shame-Matthew Earl Waldmiller and Diane Seifert Waldmiller UPDATED, How Could You? In 2014, they adopted a boy identified as N through Bethany Christian services. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. CCAI argues throughout its Motion that the Martins' claims with respect to any misrepresentation of L's age by CCAI are time-barred. This material may not be published, broadcast, rewritten, or redistributed. In 2015, they adopted a boy they believed was 12 through the Centennial agency. George v. Urban Settlement Servs., 833 F.3d 1242, 1254 (10th Cir. See, e.g., Leprino Foods Co. v. DCI, Inc., 727 F. App'x 464, 472 n.5 (10th Cir. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. 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. Dyer v. Lajeunesse, No. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. Forest Guardians v. Forsgren, 478 F.3d 1149, 1160 (10th Cir. Our Programs The Martins later determined that J had undergone brain surgery in 2011 [id. at 26, 52] L was in fact at least 15-16 years old. 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.'" [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. 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. Plaintiffs must plausibly plead the following elements in order to state an NIED claim: (1) CCAI's negligence created an unreasonable risk of physical harm; (2) that caused Plaintiffs to be put in fear for their own safety; and (3) that fear resulted in damages by causing physical consequences or long-term emotional disturbance. DATED: April 8, 2020, Martin v. Chinese Children Adoption Int'l, Civil Action No. c. Negligent Infliction of Emotional Distress Claim. The child is currently under the custody of the State of Indiana, according to the lawsuit. 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. [Id. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. Practice more effective and efficient with Casetexts legal research suite matches to fit your lifestyle only. 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