Our mission is to promote and serve the well being of the abandoned and orphaned children and to be the bridge of love, CCAI exists to find caring families and . 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. 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. CCAI argues that Plaintiffs' negligence claims fail in their entirety. at 28 ("Upon information and belief, CCAI knew or should have known Minor Child L's approximate age.")] Meet some of these precious kids currently waiting for adoption! 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. [##16, 18] The Court has carefully considered the Motion and related briefing, the entire case file, and the applicable case law, and has determined that oral argument would not materially assist in the disposition of the Motion. https://www.thedenverchannel.com/news/crime/couple-sues-centennial-adoption-agency-claiming-they-werent-told-boy-had-sexual-abuse-history, https://wtkr.com/2019/08/18/couple-sues-adoption-agency-claiming-they-werent-told-boy-had-sexual-abuse-history/. [#21] Plaintiffs assert the following claims: (1) a negligence claim and negligent misrepresentation claim by all Plaintiffs against CCAI, based on CCAI's alleged failure to provide accurate information about L and for misrepresenting his age; (2) a negligence and negligent misrepresentation claim by the Martins and J against CCAI, for CCAI's failure to inform the Martins that J had undergone brain surgery; (3) a fraud claim by all Plaintiffs against CCAI, alleging that CCAI intentionally misrepresented L's age; and (4) a negligent infliction of emotional distress claim by all Plaintiffs against CCAI. 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. The Motion is DENIED to the extent it seeks dismissal with prejudice, and Plaintiffs' claims are DISMISSED WITHOUT PREJDUICE. Adopting Siblings A Family for Every Child (2020) Ass'n, 166 P.3d 304, 307 (Colo. App. at 80-81], though CCAI had informed the Martins that J's scar was not from brain surgery [id. 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. 2008)). 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. 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 lawsuit says that admitted to doing this. [ Id. "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." 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. N ultimately went bald at the age of 5. 2007)). 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." This material may not be published, broadcast, rewritten, or redistributed. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. Thank you very much for your response. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. [Id. 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. Have trusted CCAI to help fulfill their family dreams, Impacted by the Children Charity Fund efforts and Lily Orphan Care Centers, Have engaged in The Parks lifelong adoptee and family support programming. Our partners at the Denver Post report Zhong, the adoption agencys founder, earned a theological doctorate at the University of Denver in 1983 and formed CCAI in Denver in 1992. According to the lawsuit, an Indiana counseling agency confirmed that L had sexually abused multiple children before he was adopted. 30, 2015) ("It is not entirely clear that plaintiff can maintain a negligent misrepresentation claim based upon defendant's omissions." 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. Carolina Adoption Services. 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. The parents took L to a behavioral health center where the teen told his therapist that he had strong sexual urges he could not control and would abuse boys again if given the chance. The couple is seeking an undisclosed amount of money and a judges order that would make sure the agency follows court-ordered protocols that would protect other families from facing similar dangers. 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. 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. 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 . Alpine Bank v. Hubbell, 555 F.3d 1097, 1106 (10th Cir. 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. at 79] In actuality, J had undergone massive brain surgery in March 2011. The lawsuit says that L was actually at least 15 or 16 years old when he was adopted. 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. 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. 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. According to the claim, the lawsuit was filed on behalf of the couple and two Chinese boys. Court documents further state that 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. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. 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. Christian Adoption Services. 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. Give Light and the People Will Find Their Own Way. 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. Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. 14-cv-00157-PAB-MJW, 2015 WL 1517527, at *11 n.10 (D. Colo. Mar. 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. Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? The lawsuit further states that because of this, the couple lost their health care business. at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. Here are some last-minute, Best last-minute Valentines Day gifts for him, Cartels steering migrants into deadly storm drains, Caution advised amid coastal Flood Advisory in San, Rain showers continue in SD but drier days are ahead, Shipping companies reach $97M CA oil spill agreement, North County school may close due to sinking risk, These areas are under a Wind Advisory in San Diego, Do Not Sell or Share My Personal Information. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. 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