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The attorneys for three Altoona children removed by authorities from their parents more than 15 years ago have asked a federal judge to order the release of child welfare records so they can prove the abuse the children suffered after being placed in a Clearfield County foster home.
The children are now adults and have filed a civil rights lawsuit in the U.S. District Court in Johnstown contending they were taken from their home at the behest of police in order to force their parents to cooperate in a drug investigation.
The lawsuit is in its initial stages and their attorneys, Roy Huntsman of Cedar Hills, Utah, and Martell Harris of Pittsburgh, in November sought records of the case from child welfare agencies in Blair and Clearfield counties.
Their petition, recently filed with District Judge Stephanie L. Haines, states that both Blair and Clearfield authorities have refused to release the records relating to the Altoona children who were eventually adopted by their foster parents, Barbara and Timothy Krause of Houtzdale.
Clearfield earlier this month sought a protective order from Haines that would bar the release of the records.
Through their attorneys, the now-adults, who are using their adopted names for purposes of the lawsuit, have answered the Clearfield petition.
One of Clearfield's arguments against release of the records stems from the fact that the Altoona children were among six who were adopted by the Krauses, and that the records include information not only about the Altoona children but also the three other adoptees who have not consented to their records being part of the release.
"Clearfield claims it cannot voluntarily produce the records because of the confidentiality obligations it has to others not involved in this litigation. It also claims that the documents it has are not relevant to the plaintiff's claims.
"Both arguments are wrong," according to the petition filed by the attorneys for the Altoona plaintiffs.
The petition points out that Barbara and Timothy Krause were eventually arrested for abusing all six of their adopted children and the statements of the six children were part of the record of the criminal case that landed the foster parents in prison.
The records being sought "contain evidence of abuse that the children suffered while in the Krause home. The evidence goes directly to prove the plaintiff's damages. ... Each of the children spoke of the abuse they suffered and the abuse the other children suffered," according to the response to the Clearfield County petition.
The plaintiffs say they need the Clearfield County records pertaining to the children in order to prove damages, the petition outlined.
It also argued, "Clearfield County's records for the criminal conviction of Tim and Barbara Krause are directly relevant to plaintiff's lawsuit."
It asks the judge to deny Clearfield County's request for an order to bar the release of the records possessed of the Krause case.
A point made by Clearfield County is that its agency did not place the Altoona children in the foster home operated by the Krauses.
Clearfield County contends it became involved with the children following their adoption and the subsequent charges against the couple for the mental and physical abuse they inflicted.
The couple was imprisoned for their actions, but Timothy Krause died in 2022.
Barbara Krause, 56, remains in custody, serving time in the State Correctional Institution at Cambridge Springs.
The attorneys for the Altoona plaintiffs are seeking a decision from Haines that will order Clearfield County to produce all of its records concerning the removal and placement of the Altoona plaintiffs in the Krause foster home.
The lawsuit claims an agent formerly with the Attorney General's Office was a key player in having the children removed from their parents in order to pursue a major drug investigation.
That charge has been denied.
Haines has referred the case for mediation on Jan. 10.