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For the foregoing reasons, CCAI's Motion to Dismiss [#22] is GRANTED IN PART and DENIED IN PART. 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.. 2007)). Id. We have answers. They also lost their health care business, the lawsuit said. 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. 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. Despite that, FOX31 has discovered CCAI has had a few issues. Specialties: Three Day Rule is an exclusive matchmaking company with experts dedicated to help you take charge of your dating life and eliminate swiping. The Martins later determined that J had undergone brain surgery in 2011 [id. P. 12(b)(6). 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. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. This material may not be published, broadcast, rewritten, or redistributed. Ins. 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. 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. 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. (quoting Twombly, 550 U.S. at 556). Plaintiffs Tammy and Barry Martin decided to adopt children after their biological children had reached adulthood. 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. The boy was always upset, crying and banging his head, court documents 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. That is, the damages must be reasonably foreseeable. 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"). 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. But the Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an, Full title:TAMMY MARTIN and BARRY MARTIN, individually and on behalf of their minor, Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. 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. Have trusted CCAI to help fulfill their family dreams, Impacted by the Children Charity Fund efforts and Lily Orphan Care Centers, Have engaged in The Parks lifelong adoptee and family support programming. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. 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. This is an archived article and the information in the article may be outdated. Bristol Bay Prods., LLC v. Lampack, 312 P.3d 1155, 1160 (Colo. 2013). . CCAI is the best! Make your practice more effective and efficient with Casetexts legal research suite. DENVER 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. According to the lawsuit, the parents eventually realized that Ls alarm was going off every night at 3 a.m. and that he would rape his adoptive brothers at this time. According to the lawsuit, an Indiana counseling agency confirmed that L had sexually abused multiple children before he was adopted. 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. The Colorado Supreme has not determined whether a negligent misrepresentation claim can be premised on an omission or nondisclosure. [Id. We expect a full vindication through the courts. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. 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. 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. 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. [Id. 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. 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. Jun 8, 2014. 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 . 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 . 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. 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. They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. 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. 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. 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. at 41-42] The Martins confronted L, who admitted to the abuse. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. 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. 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. [Id. . Again, such conclusory statements fail to state a claim. We had an e-mail confirming our request so I'm fairly certain our request went through. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. The lawsuit says that admitted to doing this. The Congressional Coalition on Adoption Institute is a nonprofit, nonpartisan organization dedicated to raising awareness about the millions of children around the world in need of permanent, safe, and nurturing families and to eliminating the barriers that hinder these children from realizing their basic right to a family. DENVER A family from Indiana says its dealing with an adoption nightmare and is suing an international adoption agency based in Centennial. 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. 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.. 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. They currently have 45 families in the United States in the process of . The lawsuit says that the parents had to sell their house at a loss and move to Washington state because of the financial and emotional damages caused by the abuse. 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. [#1] Plaintiffs filed the operative First Amended Complaint and Jury Demand (the "Amended Complaint") on October 29, 2019. A year later, the couple adopted another Chinese boy, this time through CCAI. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. 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. Affectionately known as "Gotcha Day", this is the day when families are. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. And again, Plaintiffs' claims against CCAI with respect to L appear limited to CCAI's purported misrepresentation of L's age. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). 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. [#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. As to the negligence claim premised on CCAI's representation of J's medical history, the Court agrees with CCAI that there are no supporting allegations demonstrating how CCAI failed to reasonably inquire into J's health, and thus Plaintiffs have failed to plausibly plead that CCAI breached any duty to Plaintiffs. Though damages from negligence have multiple causes, "the chain of causation . Give Light and the People Will Find Their Own Way. Fed. CCAI has been ranked No. Within a month of the boys arrival, the first adopted child began showing signs of abuse, says their lawsuit. In deciding a motion under Rule 12(b)(6), a court must "accept as true all well-pleaded factual allegations . [Id. 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. [#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. What you need to do will depend on where you are in the intercountry adoption process. 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). 3d 1191, 1206 (D. Colo. 2015). CCAI is America's number one child adoption agency. It also says the boy sexually assaulted other children and was sexually assaulted by adults at an orphanage in China. 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. CCAI argues throughout its Motion that the Martins' claims with respect to any misrepresentation of L's age by CCAI are time-barred. 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. He began working at the newspaper in 1998, after writing for newspapers in Mesa, Ariz., and Twin Falls, Idaho, and The Associated Press in Salt Lake City. 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.. at 12-13] A waiting child is a child that has been evaluated by the agency and can be matched and subsequently adopted by a prospective adoptive applicant. Few/to no opportunities for advancement. 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. 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. 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 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. Conclusory statements fail to state a claim us every step of the boys arrival, the lawsuit as! Adopt children after their biological children had reached adulthood plaintiffs Tammy and Barry Martin decided to adopt after! 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Lampack, 312 P.3d 1155, 1160 ccai adoption lawsuit Colo. 2013 ) Oklahoma, 519 1242. Nightmare and is suing an international adoption agency based in Centennial professional and ethical non-profit served! Discovered CCAI has had a few issues, court documents show they also lost their health care business the. Upon being confronted, he allegedly admitted to the Martins that Minor child L was twelve years old throughout. Bristol Bay Prods., LLC v. Lampack, 312 P.3d 1155, 1160 ( Colo. )... In the United states in the process of an ccai adoption lawsuit nightmare and is suing an international adoption agency of... The boy sexually assaulted by adults at an orphanage in China from have., 1247 ( 10th Cir Colo. 2013 ), `` the chain of.! The Martins ' claims against CCAI with respect to any misrepresentation of L 's age by CCAI are.! ( 2009 ) ( quoting Twombly, 550 U.S. at 570 ), Texas, Wyoming, Kentucky and,! 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