×

Clearfield seeks to block child welfare records release

Three adult children say foster placement deprived them of familial relationships

Clearfield County has asked a federal judge to block a subpoena for child welfare records involving three young adults who were placed in a Clearfield County foster home 15 years ago but who are now contending their placement unlawfully deprived them of their familial relationships while growing up.

The young adults include Matthew, Rebecca and Isaac Krause, who, in a civil complaint, say they were removed from their Altoona home in 2008 by police as a way to pressure their parents into cooperating with an ongoing drug investigation.

The now-adult children state they were never returned to their Altoona family and noted they were subject to severe physical and mental abuse by the foster parents, Barbara and Timothy Krause.

The Krauses adopted the three Altoona children and three other children under their care.

When charges of abuse were raised, all six of the Krause children, including those who were not siblings of the Altoona children, were considered as victims.

Clearfield County brought criminal charges against Barbara and Timothy Krause, and both were convicted and sent to prison on charges stemming from their abuse. Timothy Krause died in 2022, but Barbara Krause remains incarcerated.

In March of this year, attorneys Roy Huntsman of Cedar Hills, Utah, and Mart Harris of Pittsburgh filed a civil lawsuit on behalf of the Altoona children in the federal district court in Johnstown.

It listed Blair County Children, Youth & Families and Clearfield County Children & Youth Services as defendants as well as the counties and a law enforcement officer allegedly involved in the removal of the children from their home.

Since the initial filing, Clearfield County and its child welfare agency have been dropped from the lawsuit pending further investigation.

However, in November, the attorneys for the three Altoona children served Clearfield County with a subpoena requesting child welfare records from Clearfield and its agency as to “any tasks” performed by the agency with regard to the Krause children, the investigation into the abuse by the Krauses and “all communications between Clearfield CYS and Blair County’s child welfare agency.”

On Monday, Pittsburgh attorney Maria N. Pipak, representing Clearfield County, sought a protective order under which Clearfield will not be required to respond to the subpoena.

The request has been sent to District Judge Stephanie L. Haines, who is presiding over the Krause civil case.

Clearfield states in its petition that the information sought is not subject to disclosure under Pennsylvania law.

It points out that Clearfield at this time is not a defendant in the case.

And, the Clearfield petition emphasizes that Blair County child welfare is the agency that placed the Altoona children with the Krauses and that Clearfield did not become involved with the children until abuse issues were raised.

The case is also complicated by the fact that there are three non-Altoona children who lived in the home and who were also adopted by the Krauses.

The Clearfield CYS files and the criminal case files are “intertwined with information about their non-moving adopted siblings to the point that restricted confidential information of the non-moving siblings and information regarding the plaintiffs cannot be appropriately separated or redacted,” the Clearfield petition stated.

The petition stressed that, so far, there is no agreement in place that would allow the release of the confidential information involving the three

non-Altoona adoptees.

It states that Barbara and Timothy Krause were prosecuted and convicted of child abuse crimes involving six children, three plaintiffs and their three other adopted siblings.

Several deadlines involving the civil action by the Altoona children are scheduled for January, including an amended pleading deadline on Jan. 5 and mediation conference on Jan. 24.

The Altoona plaintiffs are seeking financial damages under a federal civil rights statute, contending authorities unlawfully interfered with their familial associations and that the state failed to protect the children while in foster care.

The lawsuit charges the children suffered emotional distress and battery.

It also accuses Blair County of unconstitutional policies and customs that led to the removal of the children from their home.

Starting at $2.99/week.

Subscribe Today