1:19-cv-02305-STV (D. Colo. Apr. They also lost their health care business, the lawsuit said. "); id. Fed. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. 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. The Court cannot make such a finding on the facts here. 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 He was identified as L in the lawsuit. The boy was always upset, crying and banging his head, court documents show. 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. 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. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. Cradle of Hope Adoption Center. Additionally, they say they lost their health care business. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). Sarah Harmon is the Waiting Child Program manager at CCAI Adoption Services, which has been working in Ukraine since 2014. Plaintiffs include no allegations as to how CCAI "failed to exercise reasonable care or competence in obtaining or communicating" information about L's age. may be so attenuated that no proximate cause exists as a matter of law." Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. [See generally #22] In Colorado, "[t]he critical inquiry of when an action accrues is knowledge of the facts essential to the cause of action, not knowledge of the legal theory upon which the action may be brought." CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). 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. 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 . [Id. 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." 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. [Id. 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.. It has been called Dr. Seuss Day because of this. 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. 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. at 80] In 2018, Ms. Martin contacted a non-profit based in Hong Kong that supports Chinese orphans needing medical care and support and was informed that J previously had a brain tumor. Meet some of these precious kids currently waiting for adoption! Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. at 81] CCAI explicitly told the Martins that J's scar was not from brain surgery. How Could You? [#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.'" 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. They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. 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. 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. [#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. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. Hall of Shame-Matthew Earl Waldmiller and Diane Seifert Waldmiller UPDATED, How Could You? The boy was always upset, crying and banging his head, court documents show. [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." 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. 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." CCAI (Chinese Children Adoption International) Child Adoption Associates, Inc. Child & Family Service Note: This adoption service provider is no longer Hague Accredited, effective 11/30/2012. Children's 5 Home Society of Minnesota Ass'n, 166 P.3d 304, 307 (Colo. App. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. "); Aurzadniczek v. Humana Health Plan, Inc., No. Vanderbeek v. Vernon Corp., 50 P.3d 866, 872 (Colo. 2002) (quotation omitted). [#22] The parties have consented to proceed before the undersigned United States Magistrate Judge for all proceedings, including entry of a final judgment. R. Civ. 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. 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. [Id. 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. Children's Aid Society in Clearfield County . 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. CCAI is the best! Cassanova v. Ulibarri, 595 F.3d 1120, 1124 (10th Cir. 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. Again, a fraud claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9(b). Please look at the time stamp on the story to see when it was last updated. [See generally #21]. Hall of Shame-Lillian Veronica Turner UPDATED-Child Death, How Could You? March 1st is International Wheelchair Day! 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." Although not pled as a separate claim, the Amended Complaint makes clear that Plaintiffs are alleging negligent misrepresentation claims, in addition to negligence claims, with respect to CCAI's alleged misrepresentations as to both L and J. About us Adoption Services We bring children and families together through adoption CCAI has united over 13,000 children from 6 different countries with their forever families Adoption Services Hosting See, e.g., Leprino Foods Co. v. DCI, Inc., 727 F. App'x 464, 472 n.5 (10th Cir. [ Id. Alpine Bank, 555 F.3d at 1106. Alpine Bank v. Hubbell, 555 F.3d 1097, 1106 (10th Cir. Please look at the time stamp on the story to see when it was last updated. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. 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. But here, Plaintiffs have filed only a single amended complaint, and have "never before received an opportunity to cure deficiencies identified by this Court." [Id. The suit alleges the family adopted three boys from CCAI between 2014 and. at 44-45] The Martins also learned that L had been raped and prostituted at the orphanage he was adopted from in China, that L had been removed from foster care in China for sexually acting out with another child at the age of 5 or 6, that L admitted to being sexually active with children and adults while in China since the age of 11, and that L had a pattern of sexually exploiting multiple children. 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. See id. 2020 The Legal Herald, a division of Eagle Peak Marketing, LLC. Copyright 2019 Scripps Media, Inc. All rights reserved. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. at 27] L joined the household on September 25, 2015. 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. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. 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. The signs included a bloody stool and loss of appetite. at 79] Plaintiffs also allege that the medical history of a child would only be provided by CCAI "if available." 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. 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. Hall of Shame-Trina Mae Johnson et al. According to the lawsuit, the employee also said that he was 12 years old even though he was actually three to five years older. at 79]. He was identified as L in the lawsuit. Upon being confronted, he allegedly admitted to his adopted parents that he was raping his brothers. He later told a therapist he still had strong sexual urges that he could not control and would abuse boys again if given the chance, says the lawsuit. [Id. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. [Id. 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. 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. 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. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. Visit The Park Donation CCAI Family Sign in at 79] In actuality, J had undergone massive brain surgery in March 2011. (quotation omitted) (citing cases). Adopting Siblings A Family for Every Child (2020) [See #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. [Id. [Id. [#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." [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." 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. [#21 at 9-11] Plaintiffs seek compensatory damages and injunctive relief requiring CCAI to implement protocols to "stop the disregard of the safety of client[]s and their families," among other relief. Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . 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. Children's House International. 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. Plaintiffs do not plead the alleged negligent misrepresentations with particularity here. [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. 17-cv-00677-CMA-MJW, 2018 WL 1035085, at *3 (D. Colo. Feb. 23, 2018) ("Any claimincluding claims for breach of contract and negligent misrepresentationmay be subject to Rule 9(b)'s heightened pleading standard if the claim is grounded in fraud." 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.. 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. Co., 174 P.3d 849, 854 (Colo. App. [#29 at 15]. Wilson v. Montano, 715 F.3d 847, 850 n.1 (10th Cir. Because the Court sits in diversity, it applies Colorado law. 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. Thank you very much for your response. 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 id. at 52 ("CCAI represented Minor Child L's birthday as July 3, 2003.")] 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. Hall of Shame-14-year-old Foster Child, Lawsuit: Chinese Adoptee Sues Adoptive parents, How Could You? We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. Not for the "stupid price" of $150 an acre foot. [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. During this suspension, CCAI must cease to provide all services in connection with intercountry adoption cases. Trademark and Copyright 2023 Cable News Network, Inc., a Time Warner Company. What you need to do will depend on where you are in the intercountry adoption process. 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. [See generally #22] The Court addresses each claim in turn. By convening policymakers, issue experts and individuals with direct foster care or adoption experience, CCAI works to ensure that every child knows the love and support of a family. Fed. We expect a full vindication through the courts. The boy was identified as L in the civil lawsuit. Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. 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. BACKGROUND. 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. 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.. 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. at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. [#22 at 9, 10-11] To state a claim for negligent misrepresentation, a plaintiff must plausibly allege that the defendant "(1) supplied false information in a business transaction; (2) it failed to exercise reasonable care or competence in obtaining or communicating that information; and (3) [the plaintiff] justifiably relied upon the false information." at 27] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. Dyer v. Lajeunesse, No. 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. [#22 at 11; #30 at 6]. at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). 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. This material may not be published, broadcast, rewritten, or redistributed. 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. at 41-42] The Martins confronted L, who admitted to the abuse. 1, 2016); Scott v. Honeywell Int'l Inc., No. 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. 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. 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. Accordingly, CCAI's Motion is GRANTED to the extent it seeks to dismiss Plaintiffs' fraud claim. Joshua Zhong, the Chinese Children Adoption International co-founder and president. [#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. . The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. A year later, the couple adopted another Chinese boy, this time through CCAI. [#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. 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. at 2 n.1] CCAI provides certain information on a waiting child to the applicant, including photographs, a physical examination, medical information relating to the child's condition, if available, basic developmental information, and background information from the orphanage, based on the child's personality, preferences, history in the orphanage, and daily routine. 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