Media Investigates Ukrainian Facilitator David Avilla UPDATED

David Avilla and his wife Kerry run Advocate for Orphans International  out of California. At one time this operation was registered as a facilitator, but that lapsed in 2010. See current list of registered facilitators here. They had to defend itself in 2009 on their own blog that they were registered. See here. This California facilitator registration law came about after the Yunona debacle.

Advocates for Orphans’ blogroll includes Christian Alliance for Orphans (adoption lobbying group), EEAC (adoption agency), Hope for Orphans (adoption lobbying group), Show Hope (adoption grants) and Cry of the Orphan ( theology adoption website of Focus on the Family that collaborates with Show Hope.)

This operation has been accused of photolisting. They also were a hosting operation. That same 2009 blog post that defends their registration says “Advocate for Orphans seeks to express God’s care toward Ukrainian orphans by coordinating two to three week “American Culture Camps” for under-privileged Ukrainian children.  Most of the children are able to be adopted and many will meet families who will want to share their love and lives as permanent family members.  Our quarterly programs will provide the beginning of that adventure.”

So besides the photolisting/ pre-identification issue, they publicly admitted that not all the hosted children were even available for adoption.

They filed for bankruptcy and the details can be found at this blog: Exposing Adoption Fraud

They have been accused of working with Across the World International Adoptions (ATWA). You can see the accusations at Adoption Agency Ratings

The media article is I-Team investigates international adoption facilitator [KGO ABC Local 11/20/12 by Dan Noyes].

Excerpts: “Families across the country have trusted a Santa Clara County man to help adopt Ukrainian children. But there are concerns that aren’t getting full story when it comes to the kids’ mental health.

The family profiled in this story thought they were adopting healthy children from the Ukraine, a boy and a girl. They found out later the kids actually came from a mental institution and have serious problems.  How could they not know before opening their hearts and their homes?

“This has been probably the hardest thing. I can’t imagine going through anything worse than what we’ve been through in the last 19 months,” Lorie Schiess said.

Lorie and Jason Schiess thought they were doing the right thing — the North Carolina couple decided to adopt two children from an orphanage in the Ukraine, but now say they were misled by the people who were supposed to make sure the adoptions went smoothly.

“It has destroyed our family, it has literally destroyed our family,” Lorie said.

In April 2010, the couple learned about the plight of Ukrainian orphans from a church group.

“I cried through the presentation that they did,” Lorie said.

The Schiess’ were hooked.  The church group introduced them to David Avilla, who runs Advocate for Orphans out of his Gilroy home. Avilla charged them $4,875 for “adoption facilitation services.”

“He’s supposed to make sure that we have all the information that we need,” Jason Schiess said.

They agreed to adopt 9-year-old Sveta before even meeting her.  And after Jason went on a mission trip to the Ukraine and saw the living conditions at the Dzhankoi orphanage, the family also decided to adopt 14-year-old Alec.

“You want to get them out of there because it is a horrible physical environment,” Jason said.

They say Avilla never raised any concerns about the children’s health.  They received just a few sheets on each child, written in Ukrainian, which glossed over some serious issues.

When they arrived home with the kids, they experienced the first signs of trouble with Sveta.

“She hits and she kicks and she threatens to commit suicide. She’s threatened to kill everybody in our family,” Lorie said.”

“The family believes Avilla should have told them about the children’s condition and about the orphanage.

“He should’ve known; he was paid to know,” Lorie said.

ABC7 News featured Avilla in a story about his adoption program here in the Bay Area back in 2008 — a program similar to the one the Schiess’ heard about in North Carolina.

Avilla brings Ukrainian orphans in a group to meet American families.

“Eighty percent of the kids that come over find a family that adopts them eventually,” Avilla told ABC7 News in 2008.

Avilla declined to be interviewed when contacted by the I-Team.  After the I-Team spotted him in Gilroy, he took us on a tour of the town and stopped at the police station — officers warned him to follow traffic rules. The I-Team’s Dan Noyes approached as he rushed into his home.

“I need to talk to you,” Noyes said. “David, really? Come on. You’re going to put a jacket over your head? Are you being straight with families about the kids they’re adopting?”

Avilla did give Jason and Lorie a contract with a clause that “Health of Child … cannot be guaranteed. Parent is encouraged to seek the advice of medical professionals with expertise in international pediatrics prior to and during their adoption process.”

In California, adoption facilitators like Avilla must register with the state.  Avilla and his Advocate for Orphans was registered, but lapsed in 2010.

“If someone doesn’t have that registration, then that is an issue that they may be operating illegally,” Santa Clara County Deputy District Attorney Tina Nunes-Ober said.

The Santa Clara County District Attorney’s Office says there have been no complaints filed against Avilla.

“That is obviously something that we would want to investigate; we look at both sides, we’re fair to everyone,” Nunes-Ober said.

Lorie and Jason say they will be filing a complaint against Avilla and they are spreading the word about their adoption experience, hoping it’s not repeated by other families.

“We brought these children here with hope and there’s such a loss of hope,” Lorie said.

The I-Team spoke with the family who was featured in the 2008 story. They say they are happy with Avilla’s services, but admit their adopted son has had behavior problems as well.  As for the Schiess family, Jason and Lorie visit Sveta in the institution and are paying for the services. Alec is in high school and his parents are still worried about his future. Jason and Lorie are paying for the services for their children.”

REFORM Puzzle Pieces

Update: “The Santa Clara County District Attorney is vetting a complaint from an east coast family claiming that a Gilroy man is illegally conducting international adoptions from his Valley Oaks Drive home.

Founder and operator David Avilla of Advocate for Orphans International – an organization that has coordinated adoptions and summer host programs for Ukrainian children for 11 years – says he is fulfilling a calling from God for children in need. Others say he is exploiting vulnerable people and operating on the fringes of the law.”

Gilroy-Ukraine-U.S. adoption inquiry

[Gilroy Dispatch 12/6/12 by Carly Gelsinger]