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. 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. . 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. Many of the co-workers are very kind and friendly people. Sarah Harmon is the Waiting Child Program manager at CCAI Adoption Services, which has been working in Ukraine since 2014. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. I'm really concerned because we've narrowed our choices down to two agencies, CCAI and FTIA. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. [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. Plaintiffs' allegations only amount to conclusory statements that "[u]pon information and belief, CCAI was aware that Minor Child L was at least three to five years older than originally represented by CCAI at the time Martins adopted him." CCAI contends that Plaintiffs cannot state a claim for negligent infliction of emotional distress ("NIED"), including because Plaintiffs have not stated a claim for negligence. 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. 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. at 80-81], though CCAI had informed the Martins that J's scar was not from brain surgery [id. The couple are asking for an unspecified amount of money and a judges order ensuring the adoption agency follow court-ordered protocols that keep families and children safe, according to the lawsuit filed by Indianapolis attorneys Jonathan Little, Derrick Morgan and Annemarie Alonso. All rights reserved. He was identified as L in the lawsuit. 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. Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." 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. He moved to Mahindra in 2014 and has been instrumental in creating core internal competencies, integrating the legal function with group businesses and promoting greater adoption of technology. Few/to no opportunities for advancement. 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. Children's Home Society of Minnesota. 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. We expect a full vindication through the courts. Established in 2010. [Id. [See generally #22] In Colorado, "[t]he critical inquiry of when an action accrues is knowledge of the facts essential to the cause of action, not knowledge of the legal theory upon which the action may be brought." CCAI is the first Chinese- owned and run U.S. agency specializing in Chinese adoptions, and is still the largest. 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). 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. [Id. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. 2008)). Hall of Shame-Matthew Earl Waldmiller and Diane Seifert Waldmiller UPDATED, How Could You? Ins. at 27] L joined the household on September 25, 2015. 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. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). Weve asked Dan to discuss the legal rights available to families affected by sexual abuse caused by adoption agency negligence: Adoption agencies have a legal responsibility to make sure that their clients are protected from preventable dangers, including sexual abuse. [#21 at 53; see also id. [Id. They also lost their health care business, the lawsuit said. at 36] After beginning to live with the Martins, J would wake up screaming and crying. 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. 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. Parents sue Centennial adoption agency claiming, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Get to know all 17 Denver mayor candidates , Parents sue Centennial adoption agency claiming they werent informed of Chinese sons sexual-abuse issues, Man killed in shooting outside of Aurora apartment complex, Denver East High student dies more than two weeks after being shot outside school, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, Woman attempted 4 carjackings in 9 minutes, Denver police say, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, Coloradans may have another chance to see the northern lights Monday night, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Multiple Colorado schools temporarily placed under secure status due to threats. The child is currently under the custody of the State of Indiana, according to the lawsuit. . at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. It's the first step in getting started with your adoption today! 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 argues throughout its Motion that N and J cannot state a claim based on misrepresentations as to L's age, because those misrepresentations were made to the Martins, and not to N and J in particular. They also lost their health care business, the lawsuit said. N ultimately went bald at the age of 5. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Pros. Disaster Relief Support Ukraine Orphans Protect the Orphans of Ukraine Sign up to receive the latest news from CCAI, Approximately 7-10 days prior to China departure, We bring children and families together through adoption, CCAI has united over 13,000 children from 6 different countries with their forever families, We work to find loving families for older children through Host-to-Adopt programs. (quotation omitted) (citing cases). 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. While the allegations in the Amended Complaint do suggest that the Martins would have been on notice of L's maladaptive sexual behavior and abuse of his adoptive brothers at that point [#21 at 41-45], the Martins' claims appear to be premised not on any statements or representations made by CCAI as to L's medical and sexual history, but instead on CCAI's representations about L's age. 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. Children's Aid Society in Clearfield County . 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. at 33] In January 2016, the Martins finalized the adoption of Minor Child J ("J") through CCAI. Its co-founder and president, Joshua Zhong, sent FOX31 the following statement: We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations. A plaintiff's damages are limited to damages that are "the natural and probable result of the injury sustained by virtue of the tortious act." [#29 at 15]. [#22 at 13-14] To maintain a claim of fraud, the complaint must plausibly assert that: (1) the defendant made a false representation of a material fact; (2) the defendant knew the representation was false; (3) "the person to whom the representation was made was ignorant of the falsity"; (4) "the representation was made with the intention that it be acted upon"; and (5) "the reliance resulted in damage to the plaintiff." at 39-40], The Martins discovered that L's alarm would go off every night at 3 a.m., at which time L would rape his adoptive brothers. Joshua Zhong, the Chinese Children Adoption International co-founder and president. at 47, 61-65], In March 2016, L was charged with two counts of sexual battery and sent to a juvenile detention center. 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. "); Aurzadniczek v. Humana Health Plan, Inc., No. 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. Give Light and the People Will Find Their Own Way. 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. [Id. 2007)). at 41-42] The Martins confronted L, who admitted to the abuse. CCAI is grateful to its co-founder and outgoing Board Chair, the Honorable Mary Landrieu, for her commitment to CCAI and its belief that . By Rally on 8-19-2019 in Abuse in adoption, Adoptee, Adoptee Stories, CCAI, China, How could you? They adopted a boy identified as N in 2014 through Bethany Christian Services. And crying Chinese- owned and run U.S. agency specializing in Chinese adoptions, and still... 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