The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. Adopting Siblings A Family for Every Child (2020) The parents brought L to a behavioral health center, where he reportedly told a therapist that he had uncontrollable sexual urges and that he would abuse his adoptive brothers again if he had the opportunity to do so. Carolina Adoption Services. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. In 2015, they adopted a boy they believed was 12 through the Centennial agency. 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. at 17], CCAI represented to the Martins that L's birthday was July 3, 2003, and that he was 12 years old at the time of adoption. The suit goes on to say that CCAI told the family the offender was 12 years old when he was adopted, but the family later learned he was at least 15 to 16 years old. 2015) (quotation omitted). He was charged with two counts of sexual battery and was sent to a juvenile detention center in Terre Haute, according to the lawsuit. An Indiana counseling agency confirmed that L had a long history of sexually abusing multiple children at the time he was adopted, the lawsuit said. [Id. "); id. We customize matches to fit your lifestyle, only introducing you to the best dates. [Id. 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. Because the Court sits in diversity, it applies Colorado law. Hall of Shame- Michael Gregory Oakleaf UPDATED, How Could You? We have answers. Id. at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. 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. Dillon International, Inc. Co., 483 F.3d 657, 665-66 (10th Cir. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. 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. 3d 1191, 1206 (D. Colo. 2015). We had an e-mail confirming our request so I'm fairly certain our request went through. at 99-100] are insufficient. [#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. Cradle of Hope Adoption Center. 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. 17-cv-00677-CMA-MJW, 2018 WL 1035085, at *3 (D. Colo. Feb. 23, 2018) ("Any claimincluding claims for breach of contract and negligent misrepresentationmay be subject to Rule 9(b)'s heightened pleading standard if the claim is grounded in fraud." Located in Los Angeles, Orange County, San Francisco, Silicon Valley, Chicago, New York, Boston, Washington DC, and Philadelphia, Three . This is an archived article and the information in the article may be outdated. [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." at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. Though damages from negligence have multiple causes, "the chain of causation . He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. 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. For the foregoing reasons, CCAI's Motion to Dismiss [#22] is GRANTED IN PART and DENIED IN PART. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. [#29 at 15]. [#29 at 11] But these statements go to actual, or "but for" causenot proximate cause. 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. at 10 (citing #21 at 43-44)] But nothing in the Amended Complaint suggests that the behavioral evaluation revealed L's true age, or otherwise put the Martins on notice that L was two to three years older than CCAI had represented. The boy was identified as L in the civil lawsuit. 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. Affectionately known as "Gotcha Day", this is the day when families are. If you or your child is asurvivor of sexual abuserelated to adoption agency negligence, you can learn more about your familys legal options by speaking with an experienced sex abuse victims attorney. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. Opinion: Colorado farms going fallow? 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. The couple filed the lawsuit against CCAI in a Denver U.S. District Court on Tuesday, August 13. [Id. 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. Required fields are marked *. Mitchell first started writing the Cold Case blog in Fall 2007, in part because Colorado has more than 1,400 unsolved homicides. 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. Co. v. Trowbridge, 211 P.3d 714, 725 (Colo. App. It's the first step in getting started with your adoption today! Adoption is a lifelong journey, and we are here for you every step of the way. [Id. Additionally, they say they lost their health care business. [Id. 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. at 79] In actuality, J had undergone massive brain surgery in March 2011. Becky Weichhand, executive director of the Congressional Coalition on Adoption Institute (CCAI), has passed away at the age of 36 after a battle with cancer. On March 15, 2018, the Council on Accreditation (COA) temporarily suspended the accreditation of Chinese Children Adoption International (CCAI) for failing to maintain substantial compliance with accreditation standards. Thank you very much for your response. 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. I did countless hours researching adoption agencies and I am so glad we chose CCAI. at 24], On September 18, 2015, the Martins adopted minor child L ("L") through Defendant Chinese Children Adoption International ("CCAI"). 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). Myers v. Healthmarkets, Inc., No. CCAI is also currently licensed by the Colorado Department of Human Services. c. Negligent Infliction of Emotional Distress Claim. at 37] J complained of pain in his buttocks. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. In 2015, they adopted a boy they believed was 12 through the Centennial agency. at 47, 61-65], In March 2016, L was charged with two counts of sexual battery and sent to a juvenile detention center. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. 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. 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. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. The Barker Adoption Foundation. What you need to do will depend on where you are in the intercountry adoption process. 2013) (citing Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. 2007). [Id. CCAI's adoption fee (between $17,000 and $27,000, depending on the complexity. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). There are many children in need of forever families. at 79] Plaintiffs also allege that the medical history of a child would only be provided by CCAI "if available." [#29 at 12-14 (citing Lininger v. Eisenbaum, 764 P.2d 1202, 1215 (Colo. 1988) (Mullarkey, J. concurring in part and dissenting in part))] But the Court need not reach this issue because Plaintiffs' claims fail, regardless of whether N can state a claim based on misrepresentations made to his adoptive parents. 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. CCAI argues throughout its Motion that the Martins' claims with respect to any misrepresentation of L's age by CCAI are time-barred. All rights reserved. Please look at the time stamp on the story to see when it was last updated. "To recover on a negligence claim, a plaintiff must establish that (1) the defendant owed the plaintiff a legal duty of care; (2) the defendant breached that duty; (3) the plaintiff was injured; and (4) the defendant's breach caused that injury." 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. Hall of Shame-Matthew Earl Waldmiller and Diane Seifert Waldmiller UPDATED, How Could You? 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. 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. You need to do will depend on where you are in the article may be outdated 4. Statements go to actual, or `` But for '' causenot proximate cause e-mail confirming our so! Michael Gregory Oakleaf UPDATED, How Could you writing the Cold Case blog in Fall 2007, PART. Colo. Jan. 20, 2017 WL 262692, at * 4 n.4 ( D. Colo. 2015 ) of. ] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and palsy! Where you are in the article may be outdated, 483 F.3d 657, 665-66 10th. 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