Mediation in children’s civil lawsuit continued

Suit seeks to find why the Krauses were removed from their home

A mediation conference to resolve a civil lawsuit brought on behalf of three children removed from their parental home 15 years ago -- allegedly to force the parents to aid police in a drug investigation -- has been continued until April, according to an order issued late last week by federal District Judge Stephanie L. Haines.

The mediation conference was scheduled for Wednesday.

Haines, who presides in the U.S. District Court Johnstown, granted the continuance after Senior Deputy Attorney General Michael P. Gaetani, who represents the agent who was in charge of the drug investigation, requested continuance of the mediation conference scheduled for Wednesday.

His petition filed on behalf of attorneys for the plaintiffs, as well as the defendants, informed the judge that mediation at this time "would not be productive."

He pointed out the foster parents from Clearfield County, who eventually adopted the three Altoona children taken from their home, are not yet represented by legal counsel.

The foster parents, Timothy and Barbara Krause of Houtzdale, were convicted of abusing the Altoona children as well as three other foster children they adopted.

Timothy Krause has since died, while Barbara Krause is serving a prison sentence in a state correctional facility.

The Gaetani petition related there is an ongoing legal battle between the attorneys for the children, Martell Harris of Pittsburgh and Roy Huntsman of Cedar Hills, Utah, and the child welfare agencies of Blair County and Clearfield County to produce records that would explain why the children were removed from their home, and what occurred after their placement with the Krauses.

The plaintiffs, Matthew, Rebecca and Isaac Krause (their adopted names), through their attorneys filed Right-to-Know requests with the counties.

So far, Clearfield County rejected the request, noting that the records also involved the Krauses' three other adopted children, who are not participants in the lawsuit.

Those children not part of the lawsuit are protected by the state's confidentiality statutes, Clearfield claims.

The plaintiffs are seeking a judge's order to provide the Clearfield County records.

Blair County has also rejected the Right-to-Know request filed by the plaintiffs.

The Gaetani petition noted that without those records, Blair County and the agent in charge of the drug investigation, Randy Feathers, "will not have sufficient information to obtain adequate settlement authority."

Feathers, at the time the children were removed from their home, served as regional director of the Attorney General's Drug Strike Task Force.

"The parties believe that an additional three months within which to conduct the mediation should allow for the relevant documents to be obtained from Clearfield County, the Blair County Orphans Court, and or other necessary third parties," the Gaetani petition stated.

In her Friday order, Haines granted the continuance and reset the date for mediation to April 10.

Pittsburgh attorney Louis B. Kushner will conduct the mediation session.

The judge's order also stated the April 10 date is the deadline for adding other parties to the lawsuit or for amending the plaintiff's petition.

Clearfield County last Friday filed a reply to the request to release child welfare records involving the Krause's adopted children.

The plaintiffs claim the child welfare records will provide "a recounting of the abuse (the Altoona children) suffered at the hands of the foster parents, but that reason is not sufficient to justify the release of confidential information that would also include the stories of the three other children not involved in the lawsuit," according to Clearfield County.

The Clearfield legal team of Pittsburgh attorneys, Maria N. Pipak and Marie Milie Jones, contends the three Altoona children through their own testimony "can support any claim for damages stemming from said abuse."