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A federal court case in which three former foster children are suing Blair County and possibly others will go to mediation, according to an order issued by the presiding judge.
U.S. District Judge Stephanie L. Haines on Tuesday sent the civil rights case to mediation before Pittsburgh attorney Louis Kushner. The children, now adults, accuse the county of taking them from their families 15 years ago in order to further a police investigation.
Haines said in her order that the conference will be concluded by Oct. 24.
According to the federal court record, Blair County, now being represented by attorney Austin Hughey of Harrisburg, initially rejected mediation.
But Haines suggested the parties select some form of Alternative Dispute Resolution in an effort to possibly resolve the case without going to trial.
The initial complaint brought by the former foster children was filed in the federal court in Johnstown on March 3.
The case has struggled to move forward because discovery will require court-ordered release of child welfare records in both Blair and Clearfield counties, as well as determining if other agencies were involved in removing the children from their familial homes.
After a recent status conference, the district judge compiled a schedule that included the filing of amended pleadings by Jan. 5, a discovery deadline by March 29 and a post-discovery conference on April 29.
The same order indicated the mediation conference with Kushner is scheduled for 10 a.m. Oct. 5.
The plaintiffs include Matthew Krause, Rebecca Krause and Issac Krause -- the three Blair County children removed from their homes in 2008.
In the lawsuit brought by attorney Roy Huntsman of Cedar Hill, Utah, and Martell Harris of Pittsburgh, it is charged the children were removed from their Blair County homes on Oct. 20, 2008, not due to abuse by their biological parents, but for the "purpose of interfering with (their) familial relations in order to coerce plaintiffs' parents as part of the police investigation," the lawsuit claims.
The children initially were placed with Blair County Children and Youth Services.
It is alleged the Blair County agency transferred the children to Clearfield County "in order to make it more difficult for the (children's) biological family members ... to find and reunite with (them)."
The children were then placed with foster parents Barbara and Timothy Krause of Houtzdale, who eventually adopted them along with three others under their care.
Clearfield County Judge Paul E. Cherry in 2019 sentenced the Krauses to prison terms of seven to 40 years for the physical and emotional abuse of the children under their care.
Tim Krause died last year, while Barbara Krause remains behind bars.
Originally the lawsuit named the city of Altoona, Blair County, Clearfield County, the Krauses, a police officer and multiple as yet unknown agencies and employees of those agencies who had a part in removing the youths from their families.
Altoona and Clearfield County at least temporarily have been removed as defendants, while the named police officer, as well as Barbara Krause and the estate of Timothy Krause, have not answered the lawsuit.
The agencies and employees involved in the removal of the children have yet to be discovered.
That leaves Blair County as the only defendant.
Blair answered the lawsuit in July, denying it ever participated in the effort to remove the children from their homes based on the motive alleged in the lawsuit.