[Id. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). "The exact or precise injury need not have been foreseeable, but it is sufficient if a reasonably careful person, under the same or similar circumstances would have anticipated that injury to a person in the plaintiff's situation might result from the defendant's conduct." 1 by the China for Childrens Welfare and Adoption (CCCWA) program, the countrys highest authority for international adoption affairs, according to CCAIs website. CCAI now has adoption offices in Florida, Texas, Wyoming, Kentucky and Georgia, it said. Because better pleading may cure deficiencies with this claim, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice and the NIED claim is DISMISSED WITHOUT PREJUDICE. Adoptions from Vietnam Through a Special Adoption Program for Children with Special Needs, Children Aged Five and Older, and Children in Biological Sibling Groups May Commence Under the Hague Adoption Convention Three Weeks After Vietnam Authorizes U.S. 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. at 31] N's hair began to fall out, he had a bloody stool, he stopped eating, and he was continually upset, crying, and banging his head. The agency should have known he was three to five years older, the lawsuit said. 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. Not for the "stupid price" of $150 an acre foot. Id. That is, the damages must be reasonably foreseeable. [#22] The parties have consented to proceed before the undersigned United States Magistrate Judge for all proceedings, including entry of a final judgment. CCAI is refusing to take responsibility for what they did. [Id. 2009)). [Id. But here, Plaintiffs have filed only a single amended complaint, and have "never before received an opportunity to cure deficiencies identified by this Court." (collecting cases)); Sheffied Servs. The agency should have known he was three to five years older, the lawsuit said. According to the lawsuit, the couple started adopting Chinese Children after their six biological children had become adults. 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. [Id. The Park is CCAI's adoption community center, here to provide lifelong connection and support resources that empower and nurture adoptees and their families to grow and thrive. Co., 483 F.3d 657, 665-66 (10th Cir. [#22 at 11; #30 at 6]. The following year, they adopted a boy they believed was 12 through CCAI, who is identified as L in the lawsuit. The Denver Post is withholding the couples name to protect the identity of juvenile sexual assault victims. 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. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. [Id. 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. at 27] L joined the household on September 25, 2015. Nonetheless, a plaintiff may not rely on mere labels or conclusions, "and a formulaic recitation of the elements of a cause of action will not do." L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. An Indiana couple has sued a Centennial adoption agency claiming the teen boy they brought home from China had an undisclosed history of sexual trauma and raped their two younger children. Mr. Raju is a Director on the Board of Mahindra Logistics Limited and its affiliate companies, Mahindra Automotive North America Inc. and other group . . 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. 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. Kirk Mitchell is a general assignment reporter at The Denver Post who focuses on criminal justice stories. Boulders at Escalante LLC v. Otten Johnson Robinson Neff & Ragonetti PC, 412 P.3d 751, 762 (Colo. App. Auto. The Barker Adoption Foundation. CCAI | 321 followers on LinkedIn. Adoption is a lifelong journey, and we are here for you every step of the way. Use the chart below to help determine what your responsibilities and next steps are as an adoptive parent or PAP. [Id.] In 2016, the couple used the Centennial agency to adopt a third boy, age 5, who was identified in court records as J. J would awake screaming and crying, and N would run into his parents room every night, the lawsuit said. 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 hospital/patientnone of which are present here. 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. N ultimately went bald at the age of 5. The Congressional Coalition on Adoption Institute is a nonprofit, nonpartisan organization dedicated to raising awareness about the millions of children around the world in need of permanent, safe, and nurturing families and to eliminating the barriers that hinder these children from realizing their basic right to a family. Ins. They adopted a boy identified as N in 2014 through Bethany Christian. The couple adopted a third boy through CCAI in 2016 a 5-year-old identified as J in the lawsuit. According to the lawsuit, an Indiana counseling agency confirmed that L had sexually abused multiple children before he was adopted. They adopted a boy identified as N in 2014 through Bethany Christian Services. 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. This material may not be published, broadcast, rewritten, or redistributed. If a failure to disclose a history of abuse results in a familys other children becoming victims of abuse, that family may have grounds fora lawsuit against the adoption agency. Moreover, because J was not yet part of the Martin family when L was adopted and when the statements about L's age were made, Plaintiffs cannot demonstrate that CCAI falsely represented L's age to J. 2016) (quotation omitted). Find unique places to stay with local hosts in 191 countries. "); Twombly, 550 U.S. at 564 n.10 (noting that a claim that does not mention a specific time, place, or person leaves a defendant with "little idea where to begin"). [#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. Carolina Adoption Services. 2007)). 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. During this suspension, CCAI must cease to provide all services in connection with intercountry adoption cases. Generally, "[b]y the time of a second amended complaint, it is often the case that pleading deficiencies . [Id. did desi arnaz jr have a stroke; moose tracks vs cow tracks ice cream Plausibility refers "to the scope of the allegations in a complaint: if they are so general that they encompass a wide swath or conduct, much of it innocent, then the plaintiffs 'have not nudged their claims across the line from conceivable to plausible.'" [See #21 at 11] Because, as discussed above, Plaintiffs have failed to plausibly allege CCAI's negligence with respect to the representation of L's age, or otherwise, Plaintiffs cannot satisfy this threshold element of an NIED claim. 2007). Wade v. EMASCO Ins. [Id. CCAI is the best! Hi, Im attorney Dan Lipman. But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. In 2015, they adopted a boy they believed was 12 through the Centennial agency. Lawsuits erupted in the 1980s over domestic adoptions in which histories of abuse and other problems were kept from adoptive parents. The lawsuit says that he also said he had been sexually active with children and adults since age 11 in China. 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. Bristol Bay Prods., LLC v. Lampack, 312 P.3d 1155, 1160 (Colo. 2013). The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. Hall of Shame-UK-Aaron Abbott, How Could You? 8, 2020). "); id. With respect to CCAI's purported negligence in representing L's age, CCAI argues that the Martins' claims are barred by the statute of limitations, that CCAI owed no legal duty to Plaintiffs, and that Plaintiffs fail to plausibly plead that any negligence by CCAI was the proximate cause of Plaintiffs' damages. 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. Cons. In 2018, the Intercountry Adoption Accreditation and Maintenance Entity suspended CCAIs accreditation for two weeks for not reporting a childs serious injury within 48 hours. 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. 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). 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. Indiana Adoption Program (2020) Presents five key reasons for families to consider adopting a sibling group, including the sense of stability and security siblings provide, the mental health and attachment benefits, and more. 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. 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. 1:19-cv-02305-STV (D. Colo. Apr. Castle Rock family's plan to adopt children from Ukraine on pause due to invasion The Martins are one of three families in Colorado and 45 nationwide who are actively trying to adopt kids from. Upon being confronted, he allegedly admitted to his adopted parents that he was raping his brothers. He later told a therapist he still had strong sexual urges that he could not control and would abuse boys again if given the chance, says the lawsuit. Brokers Conduit, 496 F. App'x 873, 876 (10th Cir. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. 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. Learn how your comment data is processed. [Id. The boy was identified as L in the civil lawsuit. For the following reasons, the Motion is GRANTED IN PART and DENIED IN PART. Belong anywhere with Airbnb. c. Negligent Infliction of Emotional Distress Claim. 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. They adopted a boy identified as N in 2014 through Bethany Christian Services. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. 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. 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. Mitchell first started writing the Cold Case blog in Fall 2007, in part because Colorado has more than 1,400 unsolved homicides. Matthys v. Narconon Fresh Start, 104 F. Supp. 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. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. at 79]. [Id. Zhong, the adoption agencys founder, earned a theological doctorate at the University of Denver in 1989 and formed CCAI in Denver in 1992, CCAIs website said. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. [#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. 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. [#21 at 55] But Plaintiffs do not support this assertion with any factual support. By convening policymakers, issue experts and individuals with direct foster care or adoption experience, CCAI works to ensure that every child knows the love and support of a family. [#21 at 20] In March 2014, the Martins adopted Minor Child N ("N") from China through Bethany Christian Services. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. [Id. 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. CCAI next argues that Plaintiffs' negligent misrepresentation claims fail, including because those claims have not been pled with particularity. Parents travel to China to meet the newest members of their family. Reviews Nor can the Court speculate, as CCAI suggests, that the Martins "would have been objectively aware" of L's age at the time L entered the household in September 2015. [Id. Designed by Elegant Themes | Powered by WordPress. 3d 1191, 1206 (D. Colo. 2015). 2007). at 79] In actuality, J had undergone massive brain surgery in March 2011. P. 9(b); see also Heaton v. Am. CCAI is America's number one child adoption agency. 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. Complete this brief inquiry form. 2011)). Again, a fraud claim must meet the heightened pleading standards of Federal Rule of Civil Procedure 9(b). 2012) (affirming district court's determination that plaintiff "fatally failed to plead his fraud and negligent misrepresentation claims with particularity as required by [Rule] 9(b)"); Hardy v. Flood, No. at 100]. 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. Accordingly, CCAI's Motion is GRANTED to the extent it seeks to dismiss Plaintiffs' fraud claim. "We have lost our vibrant leader and dear friend," CCAI said, in a statement issued today. What they did is dangerous (and) reckless.. In 2016, the couple used the Centennial agency to adopt a third boy, age 5, who was identified in court records as J. J would awake screaming and crying, and N would run into his parents room every night, the lawsuit said. Other than these conclusory statements, there are no factual assertions suggesting that CCAI knew or should have known that J had had brain surgery, or any other factual allegations with respect to CCAI's inquiries into J's health, or other actions that CCAI should have taken. Cradle of Hope Adoption Center. DATED: April 8, 2020, Martin v. Chinese Children Adoption Int'l, Civil Action No. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. Poor pay, and sometime there is the expectation of extra hours. (quoting C.J.I.-Civ.3d 9:30). See id. 08-cv-01533-CMA-CBS, 2009 WL 1292828, at *3 (D. Colo. May 8, 2009) (quoting Olson v. State Farm Mut. [See generally #22] The Court addresses each claim in turn. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. Fed. at 79] As discussed above, conclusory assertions that CCAI knew or should have known that J had undergone brain surgery [see id. at 50 (same); id. As discussed above, Plaintiffs allegations that CCAI knew L's approximate age "upon information and belief," and that CCAI deliberately led Plaintiffs to believe that L was approximately two to three years younger than his actual age, without any supporting facts, are completely conclusory and insufficient to state a claim. In 2014, they adopted a boy identified as N through Bethany Christian services. Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? 30, 2015) ("It is not entirely clear that plaintiff can maintain a negligent misrepresentation claim based upon defendant's omissions." 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. They also lost their health care business, the lawsuit said. . "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Adoption Service Providers. [#22 at 14-15] The Court agrees. Both N and J have been diagnosed with post traumatic stress disorder and an attachment disorder, the lawsuit said. at 30], Within one month of L moving into the Martin house, N began to display numerous physical symptoms. The Centennial-based agency told the couple the child was 12-years-old, when in fact, the orphan boy was at least 15 to 16 years old, the lawsuit states. Plaintiffs simply allege that if "CCAI had accurately represented Minor Child L[']s age, the Martins would not have adopted him." Shortly after that child was adopted in early 2016, and again through Chinese Children Adoption International, the boy started waking up screaming and crying, and would crawl into bed with his adoptive parents, the lawsuit says. 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 at 79] Plaintiffs also allege that the medical history of a child would only be provided by CCAI "if available." [See generally #21]. Co., 174 P.3d 849, 854 (Colo. App. 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. CCAI is a licensed, non-profit, Hague-accredited agency serving families in the US and around the world, and we have placed more than 13,000 children since 1992. The lawsuit further states that because of this, the couple lost their health care business. Get Started. 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." 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.. Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? Joshua Zhong, the Chinese Children Adoption International co-founder and president. They currently have 45 families in the United States in the process of . L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. 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. Fed. 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. According to the lawsuit, the employee also said that he was 12 years old even though he was actually three to five years older. Global Orphan Outreach: Liberian Bogus Orphanage Exposed, How Could You? 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. 2018) ("[I]t is unclear whether a claim for negligent nondisclosure is viable at all in Colorado. 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. On the other hand, the Court is also not persuaded by the dissenting opinion cited by Plaintiffs in a decades-old Colorado Supreme Court decision. at 100-01 (alleging that CCAI informed the Martins that J's scar was not from brain surgery, and that this "misrepresentation has caused the Martins to incur financial losses")] Plaintiffs concede in their Response that the "negligent misrepresentation claims should have been pled separately from [their] general negligence counts and the details more specifically described." 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. He was identified as L in the lawsuit. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. 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 boy was identified as L in the civil lawsuit. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. [Id. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). A year later, the couple adopted another Chinese boy, this time through CCAI. [Id. When the parents contacted Chinese Children Adoption agency about Ls crimes, an employee denied knowing about his sexual history and said he was 12, the lawsuit said. The agency reports CCAI is currently accredited. 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. at 23] The Martins wanted to adopt another child from China due to their knowledge of the adoption process there, and the racial affinity that would be shared between N and the second adopted child. Affectionately known as "Gotcha Day", this is the day when families are. [Id. 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. In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. [Id. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. In deciding a motion under Rule 12(b)(6), a court must "accept as true all well-pleaded factual allegations . This is an archived article and the information in the article may be outdated. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. Dyer v. Lajeunesse, No. Through adoption and orphan care, CCAI exists to promote and serve the well-being of abandoned and orphaned children. 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." 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 . [Id. at 37] J complained of pain in his buttocks. Joshua Zhong, the Chinese Children Adoption International co-founder and president. Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. 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. How Could You? at 82] During the adoption process, CCAI represented that J had a diagnosis of hydrocephalus and cerebral palsy. 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. We expect a full vindication through the courts. The Centennial-based agency told the couple the child was 12-years-old, when in fact, the orphan boy was at least 15 to 16 years old, the lawsuit states. Vanderbeek v. Vernon Corp., 50 P.3d 866, 872 (Colo. 2002) (quotation omitted). [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." [#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.