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. 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. For the foregoing reasons, CCAI's Motion to Dismiss [#22] is GRANTED IN PART and DENIED IN PART. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. 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. CCAI has been ranked No. Your email address will not be published. [#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. They currently have 45 families in the United States in the process of . 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. My husband and I requested an information packet from CCAI over a week ago (last Tuesday) and we're still waiting for it. 2007). 2008)). "); 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"). 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. CCAI has been ranked No. [Id. [See #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. at 41-42] The Martins confronted L, who admitted to the abuse. "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" 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. 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.. 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. 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. [#29 at 15]. 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. [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. DATED: April 8, 2020, Martin v. Chinese Children Adoption Int'l, Civil Action No. Fed. Adoptions from Vietnam Through a Special Adoption Program for Children with Special Needs, Children Aged Five and Older, and Children in Biological Sibling Groups May Commence Under the Hague Adoption Convention Three Weeks After Vietnam Authorizes U.S. They also lost their health care business, the lawsuit said. Hall of Shame-Lillian Veronica Turner UPDATED-Child Death, How Could You? Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. 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. [See generally #22] Plaintiffs have filed a response [#29] and CCAI has filed a reply [#30]. 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. [ 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 Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an omission or nondisclosure. The Motion is DENIED to the extent it seeks dismissal with prejudice, and Plaintiffs' claims are DISMISSED WITHOUT PREJDUICE. 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. 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. Opinion: Colorado farms going fallow? 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. Pros. This material may not be published, broadcast, rewritten, or redistributed. . [#21 at 53; see also id. [Id. 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." N ultimately went bald at the age of 5. [Id.] [Id. 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. The signs included a bloody stool and loss of appetite. [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. Id. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. An Indiana couple has sued a Centennial adoption agency claiming the teen boy they brought home from China had an undisclosed history of sexual trauma and raped their two younger children. 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. 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. I'm really concerned because we've narrowed our choices down to two agencies, CCAI and FTIA. According to the lawsuit, the employee also said that he was 12 years old even though he was actually three to five years older. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. I. The Motion is GRANTED to the extent it seeks dismissal of Plaintiff's negligence, negligent misrepresentation, negligent infliction of emotional distress, and fraud claims. 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. For the following reasons, the Motion is GRANTED IN PART and DENIED IN PART. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. Affectionately known as "Gotcha Day", this is the day when families are. and view these allegations in the light most favorable to the plaintiff." (quoting Twombly, 550 U.S. at 556). N and J have both been diagnosed with post-traumatic stress disorder and an attachment disorder and also struggle with rage, irritability, nightmares, and sleep disturbances, the lawsuit says. 08-cv-01533-CMA-CBS, 2009 WL 1292828, at *3 (D. Colo. May 8, 2009) (quoting Olson v. State Farm Mut. Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." Wilson v. Montano, 715 F.3d 847, 850 n.1 (10th Cir. 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. 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"). 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. 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. China Adoption: Step 1 The first stage of adoption in China involves assembling a collection of documents called a dossier. 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. 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. R. Civ. at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). at 36] After beginning to live with the Martins, J would wake up screaming and crying. 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. [#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. [#22 at 14-15] The Court agrees. Specialties: Three Day Rule is an exclusive matchmaking company with experts dedicated to help you take charge of your dating life and eliminate swiping. Attorney contributor Dan Lipman represents sexual abuse victims and their families in civil lawsuits. 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). With respect to the alleged negligent misrepresentations regarding J's medical history, Plaintiffs' allegations also fail to satisfy the particularity requirements of Rule 9. at 39] The Martins believed the pain was a result of J's abuse at a Chinese orphanage, but J later developed viral warts around his anus. [Id. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. Because better pleading may cure the foregoing deficiencies, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligent misrepresentation claims are DISMISSED WITHOUT PREJUDICE. The suit alleges the family adopted three boys from CCAI between 2014 and 2016 and one of those boys brutally raped the two younger ones. at 12] CCAI filed the instant Motion on November 12, 2019, arguing that the Amended Complaint should be dismissed in its entirety pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 2007)). [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." 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/. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. [Id. 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 . 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. 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. 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." All rights reserved. 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. 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. Hi, Im attorney Dan Lipman. He was charged with two counts of sexual battery and was sent to a juvenile detention center in Terre Haute, according to the lawsuit. 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. Visit The Park Donation CCAI Family Sign in Mr. Raju is a Director on the Board of Mahindra Logistics Limited and its affiliate companies, Mahindra Automotive North America Inc. and other group . They adopted a boy identified as N in 2014 through Bethany Christian Services. The agency should have known he was three to five years older, the lawsuit said. 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. 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 have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. Copyright 2019 Scripps Media, Inc. All rights reserved. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. "The philosophy was the blank slate, that adoption is a new. 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. 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. Alpine Bank, 555 F.3d at 1106. 2018) ("[I]t is unclear whether a claim for negligent nondisclosure is viable at all in Colorado. at 100]. 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. (quotation omitted) (citing cases). at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. 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. [Id. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. [Id. The boy was always upset, crying and banging his head, court documents show. How Could You? During this suspension, CCAI must cease to provide all services in connection with intercountry adoption cases. "); id. DENVER, Colo. 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. Wade v. EMASCO Ins. The suit says CCAI knew or should have known about that. 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." However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. 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.. 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. Lawsuits erupted in the 1980s over domestic adoptions in which histories of abuse and other problems were kept from adoptive parents. Additionally, they say they lost their health care business. Alpine Bank v. Hubbell, 555 F.3d 1097, 1106 (10th Cir. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. The couple is 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. 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. These documents must go through several levels of authentication by U.S. government offices so that they ultimately can be used as the legal framework for your adoption process. 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. [See generally #21]. This is an archived article and the information in the article may be outdated. 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.