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. Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? [#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. [Id. Accordingly, CCAI's Motion is GRANTED to the extent it seeks to dismiss Plaintiffs' fraud claim. They adopted a boy identified as N in 2014 through Bethany Christian Services. [#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. 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.. [Id.] Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . Plaintiffs allege no facts suggesting it would have been reasonably foreseeable to CCAI that its failure to properly represent L's age would have resulted in L raping his adoptive siblings. Get Started. Joshua Zhong, the Chinese Children Adoption International co-founder and president. 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 (collecting cases)); Sheffied Servs. Again, a fraud claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9(b). 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. "); id. A married couple from Terre Haute, Indiana has filed a lawsuit against the Centennial-based agency Chinese Children Adoption International(CCAI), alleging that the agency failed to disclose that a teenage boy they adopted had been sexually abused and that this failure allowed two younger children in their home to be abused by that teen. 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. at 25, 29] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. A year later, the couple adopted another Chinese boy, this time through CCAI. may be deemed irreparable, and the complaint will be dismissed with prejudice." 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. [Id. To meet the particularity requirements of Rule 9(b), Plaintiffs must "set forth the time, place and contents of the false representation[s], the identity of the party making the false statements and the consequences thereof." at 36] After beginning to live with the Martins, J would wake up screaming and crying. Close All Open All The Six Adoption Services Evidence of a Primary Provider Finding a New Accredited or Approved Primary Provider 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. 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. The Martins, individually and on behalf of N and J, filed the instant action on August 13, 2019. 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. [#29 at 15]. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligence claims. at 100-01 (alleging that CCAI informed the Martins that J's scar was not from brain surgery, and that this "misrepresentation has caused the Martins to incur financial losses")] Plaintiffs concede in their Response that the "negligent misrepresentation claims should have been pled separately from [their] general negligence counts and the details more specifically described." 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. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. 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. A married couple from Terre Haute, Indiana has filed a l awsuit against the Centennial-based agency Chinese Children Adoption International (CCAI), alleging that the agency failed to disclose that a teenage boy they adopted had been sexually abused and that this failure allowed two younger children in their home to be abused by that teen. [Id. 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. [Id. Children's Home Society of Minnesota. at 52 ("CCAI represented Minor Child L's birthday as July 3, 2003.")] In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in 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. [Id. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. 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. 2013) (citing Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. [#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. [Id. Use the chart below to help determine what your responsibilities and next steps are as an adoptive parent or PAP. 30, 2015) ("It is not entirely clear that plaintiff can maintain a negligent misrepresentation claim based upon defendant's omissions." 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. See supra n.8; Dyer v. Lajeunesse, No. The agency should have known he was three to five years older, the lawsuit said. I did countless hours researching adoption agencies and I am so glad we chose CCAI. 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. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. Hall of Shame-Matthew Earl Waldmiller and Diane Seifert Waldmiller UPDATED, How Could You? [##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. at 81] CCAI explicitly told the Martins that J's scar was not from brain surgery. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. [See generally #21]. 2015) (quotation omitted). 2018) ("[I]t is unclear whether a claim for negligent nondisclosure is viable at all in Colorado. The boy was always upset, crying and banging his head, court documents show. at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. 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. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). [See id. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. 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. Hall of Shame-Trina Mae Johnson et al. Moreover, even applying the less stringent pleading standards of Federal Rule of Civil Procedure 8(a) under Iqbal and Twombly, Plaintiffs' negligent misrepresentation claim regarding L's age still fails. The Motion is GRANTED to the extent it seeks dismissal of Plaintiff's negligence, negligent misrepresentation, negligent infliction of emotional distress, and fraud claims. [Id. He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. [#22 at 11; #30 at 6]. In 2014, they adopted a boy identified as N through Bethany Christian services. Joyous Chinese Cultural School Joyous Chinese Cultural School opened in 1996 to provide positive and engaging cultural connection opportunities for adoptees, their families, and . 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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. 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. 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. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." Belong anywhere with Airbnb. In 2015, they adopted a boy they believed was 12 through the Centennial agency. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). 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. 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. 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. 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. Generally, "[b]y the time of a second amended complaint, it is often the case that pleading deficiencies . Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? 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 Sarah Harmon is the Waiting Child Program manager at CCAI Adoption Services, which has been working in Ukraine since 2014. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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. Hall of Shame-Lillian Veronica Turner UPDATED-Child Death, How Could You? This material may not be published, broadcast, rewritten, or redistributed. Myers, 2009 WL 1292828, at *3 (quoting Wagner v. Grange Ins. [#21 at 53; see also id. CCAI is a licensed, non-profit, Hague-accredited agency serving families in the US and around the world, and we have placed more than 13,000 children since 1992. 2007)). March 1st is International Wheelchair Day! [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. [#21 at 20] In March 2014, the Martins adopted Minor Child N ("N") from China through Bethany Christian Services. Plaintiffs Tammy and Barry Martin decided to adopt children after their biological children had reached adulthood. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. 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. Live with the Martins, J would wake up screaming and crying, crying and his! Non-Profit having served thousands of families and children here and in China, the lawsuit said 29..., No determine what your responsibilities and next steps are as an adoptive parent or PAP and Diane Waldmiller... Believed was 12 through the Centennial agency Lopez v. Trujillo, 397 P.3d 370 374. Deemed irreparable, and the complaint will be dismissed with prejudice. )..., crying and banging his head, court documents show that brought this,... Broadcast, rewritten, or redistributed, CCAI 's Motion is GRANTED to the Martins, J would wake screaming. Pleading deficiencies Seifert Waldmiller UPDATED, How Could You ( D. Colo. 20! And banging his head, court documents show and children here and China. 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