Hall of Shame-Sylvia and Anthony Vasquez UPDATED, How Could You? The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. [Id. 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. Co., 174 P.3d 849, 854 (Colo. App. 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. Id. [Id. 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. . CCAI has adoption programs in China, Bulgaria, Ukraine, Taiwan, Colombia, and here in the United States. A year later, the couple adopted another Chinese boy, this time through CCAI. The lawsuit says that L was actually at least 15 or 16 years old when he was adopted. The adoptive parents discovered that Ls alarm went off every night a 3 a.m. when he would then rape his adoptive brothers. He admitted doing so, the lawsuit said. Though damages from negligence have multiple causes, "the chain of causation . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. [#29 at 15]. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. CCAI is America's number one child adoption agency. at 27] CCAI is an adoption agency that matches "waiting children" with applicants for a fee. CCAI Adoption Services' Judy Winger told WFTV that they have 45 families waiting to adopt nearly 81 children, but because of the current climate, there are concerns about limited resources, and. [#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. Cassanova v. Ulibarri, 595 F.3d 1120, 1124 (10th Cir. 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). [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. The couple brought the civil lawsuit against Chinese Children Adoption International of Centennial on Tuesday in U.S. District Court in Denver for themselves and on behalf of two Chinese boys, the lawsuit said. The boy was always upset, crying and banging his head, court documents show. [See id. As CCAI notes, in a nonfeasance case, where the defendant is alleged to have failed to act, Colorado courts have only recognized a legal duty owed to a plaintiff in six specified types of relationships, including common carrier/passenger, innkeeper/guest, possessor of land/invited entrant, employer/employee, parent/child, and A married couple from Terre Haute, Indiana has filed a lawsuit 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. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. 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. Joyous Chinese Cultural School Joyous Chinese Cultural School opened in 1996 to provide positive and engaging cultural connection opportunities for adoptees, their families, and . Pros. Court documents further state 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. [Id. at 27] L joined the household on September 25, 2015. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. CCAIs website states it has helped families adopt 12,870 children since it began in 1992 and was once the number-one rated adoption agency in the world by the Chinese government. 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. [#21 at 55] But Plaintiffs do not support this assertion with any factual support. The lawsuit further states that because of this, the couple lost their health care business. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. 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. 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). at 74-78], The Martins have also incurred unexpected health costs related to J's medical conditions. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. 2009) (noting that whether Colorado law even recognized a claim of negligent nondisclosure is uncertain, but assuming without deciding that it did), overruled on other grounds by Weinstein v. Colborne Foodbotics, LLC, 302 P.3d 263 (Colo. 2013). They adopted a boy identified as N in 2014 through Bethany Christian Services. [Id. 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, court documents read. 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. [ Id. "The philosophy was the blank slate, that adoption is a new. R. Civ. 2013) (citing Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. But here, Plaintiffs have filed only a single amended complaint, and have "never before received an opportunity to cure deficiencies identified by this Court." The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. "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." Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? 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. Not for the "stupid price" of $150 an acre foot. Experts from an Indiana counseling agency noted L had a long history of sexually abusing multiple children. 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. [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." Jun 8, 2014. [Id. This material may not be published, broadcast, rewritten, or redistributed. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. In 2015, they adopted a boy they believed was 12 through the Centennial agency. 8, 2020). In 2015, they adopted a boy they believed was 12 through the Centennial agency. In 2015, they adopted a boy they believed was 12 through the Centennial agency. Visit The Park Donation CCAI Family Sign in 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.. at 72-73] The Martins lost their health care business, and both N and J have post-traumatic stress disorder ("PTSD"), attachment disorder, and numerous other mental and physical health conditions, including irritability, sleep disturbance, rage, and anxiety. at 30], Within one month of L moving into the Martin house, N began to display numerous physical symptoms. CCAI argues that Plaintiffs' negligence claims fail in their entirety. Joshua Zhong, the Chinese Children Adoption International co-founder and president. Children's Aid Society in Clearfield County . He told a therapist that at the age of 5 or 6 he had been removed from foster care for sexually acting out with another child. They also lost their health care business, the lawsuit said. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. 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. Learn how your comment data is processed. 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. [Id.] [#22 at 5-8, 11] Because Plaintiffs have failed to plausibly plead proximate causation as to the negligence claim regarding L's true age, and have failed to plausibly allege breach as to J's medical background, the Court declines to address CCAI's alternative arguments., CCAI argues that it did not breach any duty of reasonable care in determining J's medical background in the context of its argument for dismissal of the negligent misrepresentation claim, but indicates that this argument also applies to the negligence claim. 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. CCAI | 321 followers on LinkedIn. Hall of Shame-Massachusetts DCF, How Could You? See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. 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