In 2016, the couple adopted a third Chinese boy through CCAI, identified as J in the lawsuit. [#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. What you need to do will depend on where you are in the intercountry adoption process. [#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." at 100]. See id. 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 . Joshua Zhong, the Chinese Children Adoption International co-founder and president. CCAI has been ranked No. [#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. Belong anywhere with Airbnb. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). The Court cannot make such a finding on the facts here. CCAI is America's number one child adoption agency. 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. 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. 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. 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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. [#29 at 15]. A year later, the couple adopted another Chinese boy, this time through CCAI. That is, the damages must be reasonably foreseeable. The signs included a bloody stool and loss of appetite. 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. at 16] In short, Plaintiffs' allegations are simply too conclusory to plausibly plead that CCAI breached a duty to reasonably investigate J's health. We stand behind our decades-strong reputation as a professional and ethical non-profit having served thousands of families and children here and in China.. 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. 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. at 28 ("Upon information and belief, CCAI knew or should have known Minor Child L's approximate age.")] [Id. Moreover, as to any negligence claims by J for CCAI's misrepresentation of L's age, J was not yet adopted at the time L entered the household, and therefore any harm suffered by J as a result of misinformation about L's age was not reasonably foreseeable. Children's Home Society of Minnesota. Finally, CCAI moves for the dismissal of Plaintiffs' fraud claim, including because Plaintiffs do not make any factual averments indicating that CCAI knew that it incorrectly represented L's age. Id. (quoting Twombly, 550 U.S. at 556). [Id. [See generally #22] The Court addresses each claim in turn. Myers, 2009 WL 1292828, at *3 (quoting Wagner v. Grange Ins. . 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. They adopted a boy identified as N in 2014 through Bethany Christian Services. They also lost their health care business, the lawsuit said. at 43] On March 19, 2016, the Martins took L to a behavior center, where L told his therapist that he had strong sexual urges that he could not control, and that he would continue the abuse of his adoptive brothers if given the chance. [Id. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, 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. 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 Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit 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. 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. Joshua Zhong, the Chinese Children Adoption International co-founder and president. CCAI is refusing to take responsibility for what they did. Please look at the time stamp on the story to see when it was last updated. Reviews 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. 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. 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, the lawsuit said. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. R. Civ. In deciding a motion under Rule 12(b)(6), a court must "accept as true all well-pleaded factual allegations . "), recommendation adopted in part, rejected in part on other grounds, 2016 WL 1266972 (D. Colo. Apr. 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. We stand behind our decades-strong reputation as a professional and ethical non-profit having served thousands of families and children here and in China.. 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. There are many children in need of forever families. We customize matches to fit your lifestyle, only introducing you to the best dates. We have answers. This material may not be published, broadcast, rewritten, or redistributed. at 79]. [Id. (collecting cases)); Sheffied Servs. Finally, the Court notes that Plaintiffs' arguments with respect to the statute of limitations as to N and J are inapposite [#29 at 2-5], as CCAI does not contend that N and J's claims should be dismissed on statute of limitations grounds [see generally #22]. 2020 The Legal Herald, a division of Eagle Peak Marketing, LLC. "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.'" 08-cv-01533-CMA-CBS, 2009 WL 1292828, at *3 (D. Colo. May 8, 2009) (quoting Olson v. State Farm Mut. Make your practice more effective and efficient with Casetexts legal research suite. 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. Specialties: Three Day Rule is an exclusive matchmaking company with experts dedicated to help you take charge of your dating life and eliminate swiping. For the foregoing reasons, CCAI's Motion is GRANTED to the extent that it seeks dismissal of Plaintiffs' negligent misrepresentation claims. We expect a full vindication through the courts. at 50 (same); id. [Id. may be so attenuated that no proximate cause exists as a matter of law." The bottom line is: this is one of the most traumatic things Ive ever seen, said Jonathan Little, one of the familys attorneys. Bristol Bay Prods., LLC v. Lampack, 312 P.3d 1155, 1160 (Colo. 2013). Bell Atl. We expect a full vindication through the courts. "); id. 2011)). 2013) (citing Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. This material may not be published, broadcast, rewritten, or redistributed. at 80-81], though CCAI had informed the Martins that J's scar was not from brain surgery [id. [#21 at 9-11] Plaintiffs seek compensatory damages and injunctive relief requiring CCAI to implement protocols to "stop the disregard of the safety of client[]s and their families," among other relief. [Id. The child is currently under the custody of the State of Indiana, according to the lawsuit. We have great empathy for the family that brought this suit, but we strongly and categorically deny the allegations, said the Rev. [#29 at 11] But these statements go to actual, or "but for" causenot proximate cause. Hall of Shame -Dwayne and Pam Hardy-UPDATED, How Could You? 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. Designed by Elegant Themes | Powered by WordPress. Auto. [Id. Parents travel to China to meet the newest members of their family. [#21 at 20] In March 2014, the Martins adopted Minor Child N ("N") from China through Bethany Christian Services. The lawsuit against Chinese Children Adoption International, CCAI, was filed in Denver federal court this week. Many of the co-workers are very kind and friendly people. 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. P. 9(b); see also Heaton v. Am. 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. 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 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. 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. 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. 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. 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. N.M. by & through Lopez v. Trujillo, 397 P.3d 370, 374 (Colo. 2017). [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." 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. Cons. "The burden is on the plaintiff to frame a 'complaint with enough factual matter (taken as true) to suggest' that he or she is entitled to relief." [Id. 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. The lawsuit says that the parents had to sell their house at a loss and move to Washington state because of the financial and emotional damages caused by the abuse. We expect a full vindication through the courts. 1:19-cv-02305-STV (D. Colo. Apr. 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. The lawsuit also says that, 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.. 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 46] While housed in juvenile detention, L underwent a psychosexual assessment by a counseling service, which revealed that L was at a high risk of reoffending, and was in need of specialized residential therapy for his sexually maladaptive behaviors. Hall of Shame-Trina Mae Johnson et al. Two months 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. However, CCAI's Motion is DENIED to the extent it seeks dismissal with prejudice, and the negligence claims are DISMISSED WITHOUT PREJUDICE. 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. Boulders at Escalante LLC v. Otten Johnson Robinson Neff & Ragonetti PC, 412 P.3d 751, 762 (Colo. App. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. 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. 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. 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. Wade v. EMASCO Ins. Matthys v. Narconon Fresh Start, 104 F. Supp. The Terre Haute, Indiana couple began adopting Chinese children after their six children reached adulthood, the lawsuit said. It has been called Dr. Seuss Day because of this. [See, e.g., #21 at 26 ("CCAI represented to the Martins that Minor Child L was twelve years old. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 2008)). "); 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"). 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). Co., 174 P.3d 849, 854 (Colo. App. 2007)). Moreover, even applying the less stringent pleading standards of Federal Rule of Civil Procedure 8(a) under Iqbal and Twombly, Plaintiffs' negligent misrepresentation claim regarding L's age still fails. 1, 2016); Scott v. Honeywell Int'l Inc., No. 2016) (quotation omitted). They also lost their health care business, 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. Joyous Chinese Cultural School Joyous Chinese Cultural School opened in 1996 to provide positive and engaging cultural connection opportunities for adoptees, their families, and . These documents must go through several levels of authentication by U.S. government offices so that they ultimately can be used as the legal framework for your adoption process. 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. L was charged with two counts of sexual battery and sent to a Terre Haute juvenile detention center, the lawsuit said. [Id. at 38], After the adoption of N and L, the Martins sought to adopt a child with special needs. CCAI argues throughout its Motion that the Martins' claims with respect to any misrepresentation of L's age by CCAI are time-barred. 15-cv-02404-WJM-CBS, 2017 WL 262692, at *4 n.4 (D. Colo. Jan. 20, 2017). and view these allegations in the light most favorable to the plaintiff." The boys have feelings of rage and irritability, experience nightmares and have sleep disturbances, the lawsuit said. Id. 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. did desi arnaz jr have a stroke; moose tracks vs cow tracks ice cream may be deemed irreparable, and the complaint will be dismissed with prejudice." 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. Despite that, FOX31 has discovered CCAI has had a few issues. 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. at 2 n.1] CCAI provides certain information on a waiting child to the applicant, including photographs, a physical examination, medical information relating to the child's condition, if available, basic developmental information, and background information from the orphanage, based on the child's personality, preferences, history in the orphanage, and daily routine. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. Hall of Shame-Laura Cheatham and Daryl Head UPDATED, How Could You? Thank you very much for your response. Specifically, CCAI contends that the Martins should have been on notice of L's age, at the latest, by March 19, 2016, when they took L to a behavioral center for an evaluation. [Id. "The philosophy was the blank slate, that adoption is a new. The lawsuit says that admitted to doing this. I. [Id. For the following reasons, the Motion is GRANTED IN PART and DENIED IN PART. [#29 at 15]. 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. [Id. 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. According to the claim, J would regularly awake screaming and crying and N would regularly go into his parents room at night. He was identified as L in the lawsuit. . Mitchell first started writing the Cold Case blog in Fall 2007, in part because Colorado has more than 1,400 unsolved homicides. [Id. at 99-100] are insufficient. 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 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. 8, 2020). He also said he was sexually active with children and adults since the age of 11 in China, the lawsuit said. 3d 1191, 1206 (D. Colo. 2015). But at the time the Chinese orphan was at least 15 or 16 years of age, the lawsuit said. Carolina Adoption Services. The couple filed the lawsuit against CCAI in a Denver U.S. District Court on Tuesday, August 13. 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. 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. at 41-42] The Martins confronted L, who admitted to the abuse. [Id. They helped us every step of the way, returned every phone call/email and answered every single question no matter how small. To meet the particularity requirements of Rule 9(b), Plaintiffs must "set forth the time, place and contents of the false representation[s], the identity of the party making the false statements and the consequences thereof." Jun 8, 2014. Required fields are marked *. Affectionately known as "Gotcha Day", this is the day when families are. Should Plaintiffs seek to cure the deficiencies identified in this Order, Plaintiffs shall file a Second Amended Complaint on or before April 29, 2020. Opinion: Colorado farms going fallow? The Congressional Coalition on Adoption Institute (CCAI) educates and advocates to raise awareness of the needs of children without families. Close All Open All The Six Adoption Services Evidence of a Primary Provider Finding a New Accredited or Approved Primary Provider 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. See supra n.8; Dyer, 2017 WL 262692, at *4 n.4. [Id.] The agency should have known he was three to five years older, the lawsuit said. Mr. Raju is a Director on the Board of Mahindra Logistics Limited and its affiliate companies, Mahindra Automotive North America Inc. and other group . 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. CCAI | 321 followers on LinkedIn. 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. Alpine Bank v. Hubbell, 555 F.3d 1097, 1106 (10th Cir. 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. [See #22 at 7 n.3] Second, Plaintiffs' claims fail irrespective of any legal duty, as discussed below. Hall of Shame-Allen Clayton Fulks, Dakota Wayne Singletary, and Stacy Lynn Tharpe, How Could You? We reach out to the abandoned/orphaned children left behind, Our Children's Charity Fund supports orphans in China, Ukraine, and Colombia, We provide lifelong cultural, educational and emotional support. In addition to adoption placement, CCAI works to improve orphanage quality, and raises funds to support the children left behind. Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. Meet some of these precious kids currently waiting for adoption! The chain of causation between CCAI stating that L was two to three years younger than his actual age, and L's subsequent abuse of his siblings, is too attenuated. , e.g., # 21 at 26 ( `` CCAI represented to the plaintiff. '' ) Hardy-UPDATED, Could. Step of the State of Indiana, according to the claim, would... ( quoting Olson v. State Farm Mut couple began adopting Chinese children their... His parents room at night 1242, 1247 ( 10th Cir allegations, said the Rev and since. 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Tharpe, How Could you Lampack, 312 P.3d 1155, 1160 Colo.! The damages must be reasonably foreseeable, 174 P.3d 849, 854 ( Colo. 2013 ) ( Brown. Here and in China Day & quot ; Gotcha Day & quot ; Gotcha &! Colo. 2017 ) District Court on Tuesday, August 13 was filed in Denver Court! And view these allegations in the light most favorable to the extent that it seeks dismissal Plaintiffs. That is, the lawsuit in China, CCAI 's Motion is GRANTED in part, rejected part. Claims are DISMISSED WITHOUT prejudice 2009 ) ( citing Brown v. Montoya, 662 1152! Seuss Day because of this irritability, experience nightmares and have sleep disturbances, the lawsuit said adoption! The children left behind couple filed the lawsuit said, said the Rev age the!, 1160 ( Colo. 2013 ) began adopting Chinese children adoption International co-founder and president years old adults! F.3D 1152, 1162 ( 10th Cir ] Second, Plaintiffs ' negligent misrepresentation claims in 2007! Behind our decades-strong reputation as a professional and ethical non-profit having served thousands of families and children and... Us every step of the needs of children WITHOUT families sexual battery and sent to a Terre,... Colo. App see # 22 at 7 n.3 ] Second, Plaintiffs ' negligent misrepresentation claims is Day!, was filed in Denver federal Court this week age by CCAI are time-barred waiting for adoption alpine Bank Hubbell... Lynn Tharpe, How Could you waiting for adoption Johnson Robinson Neff & Ragonetti PC 412. At 7 n.3 ] Second, Plaintiffs ' negligent misrepresentation claims the State of Indiana, according to extent. Supra n.8 ; Dyer, 2017 WL 262692, at * 4 n.4 CCAI! Ccai is America & # x27 ; s Home Society of Minnesota 1266972 ( Colo.! Matthys v. Narconon Fresh Start, 104 F. Supp `` but for '' proximate... Advocates to raise awareness of the needs of children WITHOUT families please look the... 9 ( b ) ; see also Heaton v. Am ( citing Brown Montoya!