2007)). [Id. at 100]. 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. Our Programs Parents travel to China to meet the newest members of their family. Hall of Shame -Dwayne and Pam Hardy-UPDATED, How Could You? 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. Hi, Im attorney Dan Lipman. 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. 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. 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. 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. Bal Jagat-Children's World, Inc. 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. CCAI is a 501 (c) (3) nonprofit, nonpartisan organization that was founded in 2001 to match the commitment of Members of Congress' Adoption Caucus, the Congressional Coalition on Adoption. The Ragusos wanted to grow their family and give a CCAI has dedicated over 30 years to serving the well-being of abandoned/orphaned children, adoptive families, and adoptees. [#29 at 11] But these statements go to actual, or "but for" causenot proximate cause. The lawsuit says that he also said he had been sexually active with children and adults since age 11 in China. He reportedly told a therapist that he had been removed from foster care at age 5 or 6 for sexual activity with another child. 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. [Id. Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." Pros. [#21 at 55] But Plaintiffs do not support this assertion with any factual support. Dillon International, Inc. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. They also lost their health care business, the lawsuit said. 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. 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 . Established in 2010. The Martins later determined that J had undergone brain surgery in 2011 [id. 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." 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. at 67-68], The Martins were forced to sell their home and move across the country in an effort to help N and J cope with the abuse they had suffered, including moving away from the traumatic memories associated with the home. [Id.] Plaintiffs' NIED claim appears to be premised on CCAI's purported negligence with respect to inaccurately representing L's age. 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. They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. Hall of Shame-Trina Mae Johnson et al. [#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. [Id. In 2015, they adopted a boy they believed was 12 through the Centennial agency. [#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. 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. 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"). [Id. Get Started. "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. CCAI is America's number one child adoption agency. [#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." 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. Your email address will not be published. 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 international adoption agencies in the world. 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." They adopted a boy identified as N in 2014 through Bethany Christian Services. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. 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. For the following reasons, the Motion is GRANTED IN PART and DENIED IN PART. may be so attenuated that no proximate cause exists as a matter of law." The agency reports CCAI is currently accredited. The boy was identified as L in the civil lawsuit. 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. Hall of Shame-14-year-old Foster Child, Lawsuit: Chinese Adoptee Sues Adoptive parents, How Could You? [Id. 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. "); id. 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. at 99-100] are insufficient. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. [#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. [ Id. CHINESE CHILDREN ADOPTION INTERNATIONAL - Adoption Services - 6920 S Holly Cir, Centennial, CO - Phone Number - Yelp Chinese Children Adoption International 3 reviews Unclaimed Adoption Services Open Open 24 hours Adoption Dreams Come True Frequently Asked Questions about Chinese Children Adoption International Please look at the time stamp on the story to see when it was last updated. That is, the damages must be reasonably foreseeable. 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. See id. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. 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.. did desi arnaz jr have a stroke; moose tracks vs cow tracks ice cream 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. Im a lawyer here in Colorado, and if you or a loved one were injured in an accident, Id be happy to discuss your legal options in a free consultation. The couple is 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. 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. Vanderbeek v. Vernon Corp., 50 P.3d 866, 872 (Colo. 2002) (quotation omitted). The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. Designed by Elegant Themes | Powered by WordPress. at 27] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. 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. 17-cv-00677-CMA-MJW, 2018 WL 1035085, at *3 (D. Colo. 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