Little progress in complex foster children lawsuit

Federal district judge seeks plan to bring about resolution of case

The federal district judge presiding over a civil rights case in which three former foster children are suing Blair County and others involved in removing them from their parental homes 15 years ago is considering a case management plan that will move the novel lawsuit to trial next year.

U.S. District Judge Stephanie L. Haines in Johns­town recently held several discussions with the lawyers for the now-adult foster children and defendants Blair and Clearfield counties.

The discussions have thrown light on how complicated the case is and how difficult it will be to place it on track toward resolution.

The initial lawsuit, filed in March by attorneys Roy Huntsman of Cedar Hills, Utah, and Martell Harris of Pittsburgh, contended police, in order to further an investigation, had the children removed from their homes and placed under the care of child welfare agencies in Blair County and eventually Clearfield County.

Clearfield, it is charged in the March lawsuit, placed the children with foster parents Timothy and Barbara Krause, who eventually adopted them.

The lawsuit lists the plaintiffs as Matthew, Rebecca and Issac Krause, the children who were placed with the Krauses.

The Krauses, who cared for other foster children in addition to the three plaintiffs, were eventually arrested and prosecuted for mistreatment of the children under their care, and they each were sentenced to terms of seven to 40 years in state correctional institutions.

Timothy Krause died last year. His wife, Barbara, 56, remains incarcerated in the State Correctional Institution at Cambridge Springs.

Since March, little progress has been made in moving the lawsuit ahead.

One of the major reasons is that the history of the case explaining the removal of the children, their placement and adoptions are sealed.

In a summary of a discussion with the judge on Aug. 7, it was explained that the attorneys for the plaintiffs have yet to look at those records.

It was noted that "meaningful discovery" cannot be accomplished without those records.

The summation of the discussion, which is part of the court record, also stated that Blair County will need to view those records, which "are sealed in the Orphan's Court of Blair County and/or the Orphan's Court of Clearfield County."

The attorneys for the Krause case, in listing the possible defendants, have included the agencies and employees who participated in the removal of the children from their homes.

Both the employees and agencies involved remain unknown at this time.

The initial defendants included a police officer who allegedly was involved in the effort to remove the children from their homes.

That officer was identified as having worked for Altoona at the time, but that turned out not to be true.

The city has been removed from the lawsuit, and the officer named has failed to file an answer to the lawsuit.

The lawyers for the plaintiffs also agreed to drop Clearfield County as a defendant, but the county may be added after discovery is completed.

Barbara Krause and the Tim Krause estate have also not filed answers to the lawsuit.

That leaves Blair County as the only remaining defendant.

Blair, through its attorney Devin J. Chwastyk of Harrisburg, has denied any knowledge that Barbara and Tim Krause were allegedly not qualified to be foster or adoptive parents, as is being charged in the lawsuit, and denied that it ever participated in an unlawful scheme or subjected the plaintiffs to unlawful conduct.

The judge also wants to know if the parties will agree to participate in the federal court's Alternative Dispute Resolution Program, which could include arbitration, mediation, appointment of a special master or some other process.

The report by the judge is that Blair County is not interested in any mediation at this time.

A proposed time schedule to move the case forward is being considered by Haines.

It would include a Jan. 5, 2024, deadline for the plaintiffs to file an amended complaint, the completion of discovery by March 29, 2024, and the competition of depositions by expert witnesses by June 2024.

A post-discovery conference would be scheduled for July.

The proposed scheduling order was filed Tuesday with U.S. District Court in Johnstown.

The lawsuit asserts that the removal of the children from their homes was an "unlawful and malicious violation to the (children's) right to familial association and failure of the state to protect the children while under government care."