Please look at the time stamp on the story to see when it was last updated. 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. [#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. (quoting C.J.I.-Civ.3d 9:30). See supra n.8; Dyer v. Lajeunesse, No. The bottom line is: this is one of the most traumatic things Ive ever seen, said Jonathan Little, one of the familys attorneys. Cons. "The philosophy was the blank slate, that adoption is a new. 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. Our Programs 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. at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. 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. 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." For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligence claims. 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 | 353 followers on LinkedIn. We expect a full vindication through the courts. 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. The lawsuit further states that because of this, the couple lost their health care business. "); Aurzadniczek v. Humana Health Plan, Inc., No. 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. Moreover, because J was not yet part of the Martin family when L was adopted and when the statements about L's age were made, Plaintiffs cannot demonstrate that CCAI falsely represented L's age to J. 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. [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." 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. 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. 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. 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. 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. Dyer v. Lajeunesse, No. In fact, the Amended Complaint suggests that CCAI at least made attempts in finding a child with special needs at the Martins' request, as CCAI determined that J had hydrocephalus and cerebral palsy. Opinion: Colorado farms going fallow? 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. [#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. at 37] J complained of pain in his buttocks. Because the Court sits in diversity, it applies Colorado law. Pros. The facts are drawn from the allegations in Plaintiffs' First Amended Complaint and Jury Demand [#21], which must be taken as true when considering a Rule 12(b)(6) motion to dismiss. See, e.g., Iqbal, 556 U.S. at 678 ("Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. 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. Children With Special Circumstances in Adoption Children With Special Circumstances in Adoption While each child is unique, children who wait the longest for families (whether in the U.S. foster care system or in another country) often share some common characteristics. 2012) (affirming district court's determination that plaintiff "fatally failed to plead his fraud and negligent misrepresentation claims with particularity as required by [Rule] 9(b)"); Hardy v. Flood, No. Established in 2010. Eventually, J developed viral warts around his anus, court records show. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. He was identified as L in the lawsuit. WASHINGTON, D.C., January 10, 2022 - The Board of Directors of the Congressional Coalition on Adoption Institute (CCAI) has named its officers for 2022: Susan Neely (Chair), Rita Lewis (Vice Chair), Brian Graff (Treasurer), and Susan Hirschmann (Secretary). [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. Hall of Shame-Massachusetts DCF, How Could You? The lawsuit also says that, 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.. Joshua Zhong, the Chinese Children Adoption International co-founder and president. Cassanova v. Ulibarri, 595 F.3d 1120, 1124 (10th Cir. The family then moved to adopt a third child, this time seeking one who was special needs, because they said they had the time and medical resources for his care. Joyous Chinese Cultural School Joyous Chinese Cultural School opened in 1996 to provide positive and engaging cultural connection opportunities for adoptees, their families, and . [Id. 2016) (quotation omitted). A year later, the couple adopted another Chinese boy, this time through CCAI. at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. They adopted a boy identified as N in 2014 through Bethany Christian. "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." 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. 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. 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. 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. [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. R. Civ. The Court cannot make such a finding on the facts here. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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 agency should have known he was three to five years older, the lawsuit said. [Id. [Id. 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 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. Centennial, Colorado - Indiana Couple Sues Chinese Children Adoption International (CCAI), Claiming Failure to Disclose Sexual Abuse History of Adopted Boy, Rape & Sexual Assault Victim - Lawyer Commentary, awsuit against the Centennial-based agency Chinese Children Adoption International, Disclaimer / Terms Of Service & Privacy Policy. See, e.g., Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 564 n.10. 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. 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. By Rally on 8-19-2019 in Abuse in adoption, Adoptee, Adoptee Stories, CCAI, China, How could you? CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. ] Second, Plaintiffs ' negligent misrepresentation claims fail, including because claims! 8-19-2019 in Abuse in adoption, Adoptee stories, CCAI represented that J a! 550 U.S. at 678 ; Twombly, 550 U.S. at 678 ; Twombly, 550 U.S. at 564.. Through Bethany Christian Inc. and casetext are not a law firm and do not legal. 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