Clearfield files petition to block records release

Krause children seek information for ongoing suit

The attorneys representing three former Altoona residents who contend they were improperly removed from the custody of their parents more than 15 years ago are once again facing opposition from Clearfield County in their request to obtain relevant records from the local child welfare department.

The county on Friday filed a petition in the U.S. District Court Johnstown seeking a protective order that would deny release of records involving the placement of the children, who in 2008 were very young, with Clearfield County Children, Youth & Family Services.

The children are now adults, and through attorney Martell Harris of Pittsburgh and attorney Roy Huntsman of Cedar Hills, Utah, they have filed a federal civil rights complaint contending they were taken from their Altoona home as a way to force their parents to cooperate in a major ongoing drug investigation.

The lawsuit contends the children, identified as Matthew, Rebecca and Isaac Krause (their adoptive names), first were placed in the custody of the Blair County child welfare agency.

Their case was then transferred to Clearfield County, where they were placed in a foster home operated by Barbara and Timothy Krause.

The lawsuit charges that the children were sent to Clearfield CYS to make it more difficult for their biological parents and other relatives to find and reunite with them.

The children contend that the Krauses over the years physically and mentally abused them.

The abuse led to the arrests of the couple, who were eventually convicted and sent to prison.

Timothy Krause has since died, but his wife remains behind bars.

The federal civil rights case was filed 11 months ago.

As the attorneys for the children attempt to obtain information intended to bolster their case by seeking official records from Blair and Clearfield counties, they have run into opposition.

Last November, Clearfield sought a protective order barring release of its records under Pennsylvania law.

The county argued that the release of its records concerning the Krause case is barred under state law because the case files contain the names of other children who are non-parties to the lawsuit.

Clearfield stated it is obligated under state law "to keep CYS and similar records of non-parties confidential.

"The information relating to the non-party individuals and the plaintiffs cannot be separated," according to Clearfield officials.

Clearfield also contended that the information being sought is available through other sources, including the stories of their own clients, and records of the Krauses' experience in the criminal proceedings.

On Feb. 2, the attorneys for the children issued another subpoena citing federal law in which they requested information as to the identity of CYS employees involved in the case, the agency records pertinent to the children, copies of CYS procedures for investigating child abuse and the criminal case files for the Krauses.

In addition, the subpoena seeks copies of all written communications concerning the Krause children.

Again Clearfield, through its Pittsburgh attorneys Maria N. Pipak and Marie Milie Jones, are asking U.S. District Judge Stephanie L. Haines for a protective order, stating the information being sought is not subject to disclosure under Pennsylvania's Child Protective Services Law or the Federal Rules of Civil Procedure.

The Clearfield response to the subpoena also argues that seeking the identity of county personnel is not within the scope of federal civil procedures.

Clearfield, in its petition, points out that attempts by the attorneys for the children to obtain records through a Right-to-Know request also have been denied.

The next step in the case will be a mediation conference before Pittsburgh attorney Louis Kushner scheduled for March 27, according to the schedule posted by the judge.