Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. The bottom line is: this is one of the most traumatic things Ive ever seen, said Jonathan Little, one of the familys attorneys. 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. 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. [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." The Congressional Coalition on Adoption Institute (CCAI) educates and advocates to raise awareness of the needs of children without families. According to the claim, the lawsuit was filed on behalf of the couple and two Chinese boys. Joshua Zhong, the Chinese Children Adoption International co-founder and president. [Id. 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. 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"The exact or precise injury need not have been foreseeable, but it is sufficient if a reasonably careful person, under the same or similar circumstances would have anticipated that injury to a person in the plaintiff's situation might result from the defendant's conduct." at 52 ("CCAI represented Minor Child L's birthday as July 3, 2003.")] [#21 at 55] But Plaintiffs do not support this assertion with any factual support. 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.. [See generally #21]. [Id. 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. He was charged with two counts of sexual battery and was sent to a juvenile detention center in Terre Haute, according to the lawsuit. "); 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"). 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. Established in 2010. Give Light and the People Will Find Their Own Way. [#21 at 53; see also id. Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . 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. They adopted a boy identified as N in 2014 through Bethany Christian Services. 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. did desi arnaz jr have a stroke; moose tracks vs cow tracks ice cream Not for the "stupid price" of $150 an acre foot. 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. For the foregoing reasons, CCAI's Motion to Dismiss [#22] is GRANTED IN PART and DENIED IN PART. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. 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. 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. 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. Matthys v. Narconon Fresh Start, 104 F. Supp. 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. All rights reserved. CCAI's adoption fee (between $17,000 and $27,000, depending on the complexity. [ Id. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. 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 is America's number one child adoption agency. Many of the co-workers are very kind and friendly people. "The burden is on the plaintiff to frame a 'complaint with enough factual matter (taken as true) to suggest' that he or she is entitled to relief." Find unique places to stay with local hosts in 191 countries. 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.. CCAI argues that Plaintiffs' negligence claims fail in their entirety. Nor can the Court speculate, as CCAI suggests, that the Martins "would have been objectively aware" of L's age at the time L entered the household in September 2015. In 2015, they adopted a boy they believed was 12 through the Centennial agency. Nonetheless, a plaintiff may not rely on mere labels or conclusions, "and a formulaic recitation of the elements of a cause of action will not do." at 10 (citing #21 at 43-44)] But nothing in the Amended Complaint suggests that the behavioral evaluation revealed L's true age, or otherwise put the Martins on notice that L was two to three years older than CCAI had represented. 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. Fed. at 33] In January 2016, the Martins finalized the adoption of Minor Child J ("J") through CCAI. 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." 2010) (quoting Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. 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. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. The agency should have known he was three to five years older, the lawsuit said. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. Adopting Siblings A Family for Every Child (2020) Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. China Adoption: Step 1 The first stage of adoption in China involves assembling a collection of documents called a dossier. [Id. 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. CCAI has been ranked No. at 32] N would also run into the Martins' bedroom during the night to get into bed with them. The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. This is an archived article and the information in the article may be outdated. Additionally, they say they lost their health care business. They also lost their health care business, the lawsuit said. 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. 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. at 46] While housed in juvenile detention, L underwent a psychosexual assessment by a counseling service, which revealed that L was at a high risk of reoffending, and was in need of specialized residential therapy for his sexually maladaptive behaviors. 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. Plaintiffs include no allegations as to how CCAI "failed to exercise reasonable care or competence in obtaining or communicating" information about L's age. How Could You? Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? [#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. 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. Auto. He was identified as L in the lawsuit. 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 Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. . 3d 1191, 1206 (D. Colo. 2015). Pros. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. [Id. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). 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. 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. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. [#22 at 5-8, 9-10] As to CCAI's alleged negligence in its representations about J's medical background, CCAI contends again that CCAI owed no legal duty to Plaintiffs, and regardless, Plaintiffs failed to plausibly plead breach of any such duty. Hall of Shame-Juanita Shorty and Lenora Harrell. I'm really concerned because we've narrowed our choices down to two agencies, CCAI and FTIA. [#21 at 54] In their Response to the Motion, Plaintiffs reiterate that if CCAI had accurately represented L's age, the Martins would not have adopted L, and L would not have raped N and J. 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. Children's House International. 8, 2020). In the first month after L was adopted, N started showing possible signs of sexual abuse, including hair loss and decreased appetite, the lawsuit said. [Id. California school to train Mexican lawyers, Student arrested after attack on staff member, Snow possible in parts of North County: NWS, Gender neutral restrooms could be required in CA, Frost Advisory, freeze warning in effect for San, California board denies parole for RFK killer Sirhan, Prince Street Pizza brings famous NY-style pies to, Best deals of Presidents Day weekend 2023, Forgot about Valentines Day? L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. Disaster Relief Support Ukraine Orphans Protect the Orphans of Ukraine Sign up to receive the latest news from CCAI, Approximately 7-10 days prior to China departure, We bring children and families together through adoption, CCAI has united over 13,000 children from 6 different countries with their forever families, We work to find loving families for older children through Host-to-Adopt programs. [#22 at 11-12, 13, 15] Though the Court agrees with respect to J, because he was adopted after L and after CCAI made statements about L's age, the Court is not convinced that the analysis is not more nuanced with respect to N. Defendant cites to case law contemplating misrepresentations made to unrelated third partiesnot misrepresentations in the context of the unique relationship between the Martins and their adopted children here. . CCAI | 353 followers on LinkedIn. [Id. at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). 2011)). Accordingly, CCAI's Motion is GRANTED to the extent it seeks to dismiss Plaintiffs' fraud claim. The child is currently under the custody of the State of Indiana, according to the lawsuit.