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. The suit alleges the family adopted three boys from CCAI between 2014 and. 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. 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. at 81] CCAI explicitly told the Martins that J's scar was not from brain surgery. I did countless hours researching adoption agencies and I am so glad we chose CCAI. "We have lost our vibrant leader and dear friend," CCAI said, in a statement issued today. Eventually, J developed viral warts around his anus, court records show. [Id. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. [Id. at 99-100] are insufficient. 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. Bell Atl. 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. According to the lawsuit, the couple started adopting Chinese Children after their six biological children had become adults. 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.. Pros. [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." [#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. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. at 27] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. [ Id. R. Civ. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . The couple filed the lawsuit against CCAI in a Denver U.S. District Court on Tuesday, August 13. About a month after his adoption, the couples first boy began showing troubling signs, including a bloody stool, hair loss and a loss of appetite. 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 . 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. 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. Finally, the Court notes that Plaintiffs' arguments with respect to the statute of limitations as to N and J are inapposite [#29 at 2-5], as CCAI does not contend that N and J's claims should be dismissed on statute of limitations grounds [see generally #22]. Required fields are marked *. Plausibility refers "to the scope of the allegations in a complaint: if they are so general that they encompass a wide swath or conduct, much of it innocent, then the plaintiffs 'have not nudged their claims across the line from conceivable to plausible.'" The Martins, individually and on behalf of N and J, filed the instant action on August 13, 2019. [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. Bristol Bay Prods., LLC v. Lampack, 312 P.3d 1155, 1160 (Colo. 2013). Most long-term employees are not the primary earners in there family; an OK job if you are not depending on it for income, but not worth it if you are supporting yourself . 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. 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. 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. Joshua Zhong, the Chinese Children Adoption International co-founder and president. . Co., 483 F.3d 657, 665-66 (10th Cir. He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. [Id. All God's Children International. 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." Court documents further state CCAI failed to notify the adoptive parents that J had undergone a massive brain surgery at a Hong Kong hospital for a brain tumor that the woman was not told about. Use the chart below to help determine what your responsibilities and next steps are as an adoptive parent or PAP. Not for the "stupid price" of $150 an acre foot. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. That is, the damages must be reasonably foreseeable. CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. The Court cannot make such a finding on the facts here. (collecting cases)); Sheffied Servs. CCAI is America's number one child adoption agency. [Id. [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. Bal Jagat-Children's World, Inc. 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. 2015) (quotation omitted). 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 About a month after his adoption, the couples first boy began showing troubling signs, including a bloody stool, hair loss and a loss of appetite. 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. We customize matches to fit your lifestyle, only introducing you to the best dates. 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. Hall of Shame-Juanita Shorty and Lenora Harrell. Court documents further state that CCAI failed to notify the adoptive parents that J had undergone a massive brain surgery at a Hong Kong hospital for a brain tumor that the woman was not told about. [Id. Fed. 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). 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 Barker Adoption Foundation. at 50 (same); id. [#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. The Martins later determined that J had undergone brain surgery in 2011 [id. . [ Id. 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. 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 child is currently under the custody of the State of Indiana, according to the lawsuit. P. 9(b); see also Heaton v. Am. Jun 8, 2014. CCAI is also committed to post-adoption support of families through cultural education, support services for both parents and adopted children, and helping to maintain connections between adoptive families. Dyer v. Lajeunesse, No. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. 1, 2016); Scott v. Honeywell Int'l Inc., No. 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. 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. "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." But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. A year later, the couple adopted another Chinese boy, this time through CCAI. [#1] Plaintiffs filed the operative First Amended Complaint and Jury Demand (the "Amended Complaint") on October 29, 2019. 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. 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