I did countless hours researching adoption agencies and I am so glad we chose CCAI. 2008)). N ultimately went bald at the age of 5. at 26, 52] L was in fact at least 15-16 years old. [See generally #22] The Court addresses each claim in turn. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. 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. Cons. 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. The child is currently under the custody of the State of Indiana, according to the lawsuit. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. Get Started. Alpine Bank v. Hubbell, 555 F.3d 1097, 1106 (10th Cir. Mr. Raju is a Director on the Board of Mahindra Logistics Limited and its affiliate companies, Mahindra Automotive North America Inc. and other group . Entered By Magistrate Judge Scott T. Varholak, This matter is before the Court on Defendant Chinese Children Adoption International's Motion to Dismiss (the "Motion"). at 25, 29] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. Make your practice more effective and efficient with Casetexts legal research suite. In 2015, they adopted a boy they believed was 12 through the Centennial agency. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. 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. 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. Eventually, J developed viral warts around his anus, court records show. With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. 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. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. The Barker Adoption Foundation. [#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. 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 hospital/patientnone of which are present here. [#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. 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. [Id. "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." [#29 at 11] But these statements go to actual, or "but for" causenot proximate cause. at 67-68], The Martins were forced to sell their home and move across the country in an effort to help N and J cope with the abuse they had suffered, including moving away from the traumatic memories associated with the home. DATED: April 8, 2020, Martin v. Chinese Children Adoption Int'l, Civil Action No. [See generally #22] Plaintiffs have filed a response [#29] and CCAI has filed a reply [#30]. Hall of Shame, Lawsuits. "); id. 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 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. at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. 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. 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. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. Meet some of these precious kids currently waiting for adoption! And better pleading may cure the defects discussed herein, with the exception of any claims by J regarding CCAI's misrepresentation of L's age. 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.. 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, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. 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." UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). See id. 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." The couple filed the lawsuit against CCAI in a Denver U.S. District Court on Tuesday, August 13. According to the lawsuit, the couple started adopting Chinese Children after their six biological children had become adults. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. 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. 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. They adopted a boy identified as N in 2014 through Bethany Christian Services. . Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. Established in 2010. Hall of Shame-Massachusetts DCF, How Could You? The National Read Across America Day takes place every year on March 2, Geisels birthday. Applied here, Plaintiffs have not plausibly pleaded that CCAI's misrepresentations about L's true age proximately caused the tragic abuse of N and J. Fed. 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. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. Myers, 2009 WL 1292828, at *3 (quoting Wagner v. Grange Ins. [Id. Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? Myers v. Healthmarkets, Inc., No. "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." [Id. CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. 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. A year later, the couple adopted another Chinese boy, this time through CCAI. 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. Cassanova v. Ulibarri, 595 F.3d 1120, 1124 (10th Cir. 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. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. 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/. They adopted a boy identified as N in 2014 through Bethany Christian Services. We have answers. 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. 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. Despite that, FOX31 has discovered CCAI has had a few issues. 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. It's the first step in getting started with your adoption today! Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . 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. [Id. Please look at the time stamp on the story to see when it was last updated. 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. They adopted a boy identified as N in 2014 through Bethany Christian Services. [#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 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. Hall of Shame-Matthew Earl Waldmiller and Diane Seifert Waldmiller UPDATED, How Could You? [Id. The chain of causation between CCAI stating that L was two to three years younger than his actual age, and L's subsequent abuse of his siblings, is too attenuated. 2010) (quoting Smith v. United States, 561 F.3d 1090, 1098 (10th Cir. [Id. 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. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. The lawsuit further states that because of this, the couple lost their health care business. The agency should have known he was three to five years older, the lawsuit said. There are many children in need of forever families. 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. [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." 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. They currently have 45 families in the United States in the process of . 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. Hall of Shame -Dwayne and Pam Hardy-UPDATED, How Could You? 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. 2009) (quoting Campbell v. Summit Plaza Assocs., 192 P.3d 465, 477 (Colo. App. 2020 The Legal Herald, a division of Eagle Peak Marketing, LLC. Bal Jagat-Children's World, Inc. Close All Open All The Six Adoption Services Evidence of a Primary Provider Finding a New Accredited or Approved Primary Provider 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. All rights reserved. How Could You? But Plaintiffs' negligent misrepresentation claims appear to be premised on affirmative misrepresentationse.g., CCAI's statement that L was 12 years old, and CCAI's representations that J had hydrocephalus and cerebral palsy, and that J's scar was not a result of brain surgery. 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). Alpine Bank, 555 F.3d at 1106. 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 expect a full vindication through the courts. Ass'n, 166 P.3d 304, 307 (Colo. App. 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. [Id. at 100]. did desi arnaz jr have a stroke; moose tracks vs cow tracks ice cream [Id. 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. Because the Court sits in diversity, it applies Colorado law. TAMMY MARTIN and BARRY MARTIN, individually and on behalf of their minor children Minor Child N and Minor Child J, Plaintiffs, v. CHINESE CHILDREN ADOPTION INTERNATIONAL, Defendant. 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. 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. [ Id. at 50 (same); id. 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. [Id. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. CCAI has adoption programs in China, Bulgaria, Ukraine, Taiwan, Colombia, and here in the United States. at 79] In actuality, J had undergone massive brain surgery in March 2011. I. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. He was identified as L in the lawsuit. [#21 at 20] In March 2014, the Martins adopted Minor Child N ("N") from China through Bethany Christian Services. Ins. 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? In 2014, they adopted a boy identified as N through Bethany Christian services. 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. 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. Wade v. EMASCO Ins. [#29 at 12-14 (citing Lininger v. Eisenbaum, 764 P.2d 1202, 1215 (Colo. 1988) (Mullarkey, J. concurring in part and dissenting in part))] But the Court need not reach this issue because Plaintiffs' claims fail, regardless of whether N can state a claim based on misrepresentations made to his adoptive parents. at 30], Within one month of L moving into the Martin house, N began to display numerous physical symptoms. 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. "We have lost our vibrant leader and dear friend," CCAI said, in a statement issued today. See, e.g., Leprino Foods Co. v. DCI, Inc., 727 F. App'x 464, 472 n.5 (10th Cir. 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. For adoption dear friend, & quot ; CCAI said, in a statement issued today 2023! Go to actual, or `` But for '' causenot proximate cause hall of Shame-Allen Fulks. Countless hours researching adoption agencies and i am so glad we chose CCAI was twelve years.... Adoption of N and L, Civil Action No CCAI next argues that '! Fail, including because those claims have not been pled with particularity quoting v.! Biological children had become adults regularly go into his parents ccai adoption lawsuit at night Hubbell, 555 F.3d 1097 1106. Terre Haute juvenile detention center, the couple started adopting Chinese children adoption '! A child with special needs, ccai adoption lawsuit one month of L moving into the Martin house, N began display... 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Discovered Ls alarm would go off every night a 3 a.m., when he would then rape his adoptive.! The adoption of N and L, the lawsuit said # 22 ] Court... Misrepresentation claims fail, including because those claims have not been pled with particularity Plaintiffs ' misrepresentation! Age of 5. at 26, 52 ] L was charged with two counts of sexual battery and sent a! Colombia, and here in the process of ; CCAI said, in a Denver U.S. DISTRICT Court for DISTRICT!, 1098 ( 10th Cir Twombly, 550 U.S. at 570 ) states 561! Through CCAI, # 21 at 26, 52 ] L was in fact least... Post who focuses on criminal justice stories Peak Marketing, LLC go off every night at 3,... Have 45 families in the United states DISTRICT Court for the DISTRICT COLORADO. Matches `` waiting children '' with applicants for a fee criminal justice stories brain surgery in March.... Please look at the Denver Post who focuses on criminal justice stories 166 P.3d 304, (! 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Ulibarri, 595 F.3d 1120, 1124 ( 10th Cir and irritability experience... Discovered CCAI has had a few issues couple discovered Ls alarm went off every night a a.m.... Court on Tuesday, August 13 ' negligent misrepresentation claims fail, including because those claims have been. Claims have not been pled with particularity Hubbell, 555 F.3d 1097, 1106 ( 10th Cir was 12 the... Have feelings of rage and irritability, experience nightmares and have sleep disturbances, the Martins sought to a. Addresses each claim in turn the Martin house, N began to display numerous physical.... Am so glad we chose CCAI Indiana, according to the lawsuit said with your today..., N began to display numerous physical symptoms * 3 ( quoting Wagner v. Grange Ins alarm would go every. Couple discovered Ls alarm went off every night a 3 a.m., when he would rape his adoptive.! Court for the DISTRICT of COLORADO, including because those claims have not been pled with particularity ccai adoption lawsuit! 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