The child welfare records pertaining to three Altoona children who were placed in foster care with a family in Clearfield County 17 years ago can be released for review by attorneys who are representing the children in a federal civil rights case, according to an order issued last week by District Judge Stephanie L. Haines in Johnstown.

Clearfield County, which opposed the release of the records maintained by the county’s Department of Children and Youth Services, contended it was protected by state law.

However, in her ruling, Haines stated, “Even if Clearfield is correct in stating that this Pennsylvania Statutory Law creates a broad privilege to protect disclosure of the sought-after information, this state law privilege does not automatically apply in this federal question case.”

State law, she explained, takes precedence — unless a federal law is involved.

“Applied to this case, the Court is not compelled to recognize a privilege against the discovery of an abuse investigation file when sought by the Plaintiffs (the three children), who are subjects of the file for purposes of their civil rights claims,” Haines stated.

The lawsuit, filed more than two years ago, involved the removal of six children from an Altoona family.

According to the civil charges, Altoona police removed the children as a way of gaining cooperation from the parents in an ongoing drug investigation.

The children were initially in the custody of Blair County’s Department of Children and Youth Services, but were eventually transferred to Clearfield County’s child welfare agency for placement in a foster home.

Foster parents Timothy and Barbara Krause of Houtzdale adopted the children, who, upon adoption, assumed the surname of their new parents — Krause.

The plaintiffs are referred to in the lawsuit as Matthew, Rebecca and Issac Krause.

While three other siblings were included in the foster family, their names will be redacted from any of the records that refer to them, Haines made clear.

She ruled that information involving the “non-party siblings is not discoverable.”

“In balancing the interests of the parties, the Court concludes that to the extent information concerning the non-party siblings is intertwined with information involving the named Plaintiffs, such information about the non-party siblings should be redacted and protected from discovery in this lawsuit,” she stated.

The judge also denied a request to release the names of child welfare personnel who were involved with the plaintiffs, but she stated, “The Clearfield County records pertaining to the Plaintiffs and the written and recorded statements of Plaintiffs are plainly relevant to this dispute.”

She also ruled communications between Blair CYS and Clearfield CYS are relevant to the case, noting that the lawsuit charges, “There was a scheme between Clearfield and Blair CYS agencies to ensure that (the children) were not reunited with their biological parents, and, instead, placed in the Krause’s home.”

The six children were with the Krauses from 2011 until 2018, when an investigation was launched of possible abuse of the children.

The Krauses were convicted of conspiracy, assault and endangering the welfare of children.

Each received a sentence of seven to 14 years in prison.

Clearfield County Judge Paul Cherry, in an opinion concerning, indicated the Krauses violated the trust that was placed in them and called it a “despicable case.”

The children, while with the Krauses, reported they were beaten with paddles until they bled, hit with a walking stick off their heads, threatened with axes and guns, made to stand against a wall with knees bent for long periods of time and at times were deprived of food. They also were bitten by the family dogs.

The abuse first came to the attention of Clearfield County child welfare when the youngest child complained about having his head hit against a car door, at which point, the Krauses removed them from the public school system.

The children were eventually homeschooled.

Tim Krause is deceased, but Barbara Krause, 57, remains an inmate in the State Correctional Institution at Cambridge Springs.

The lawsuit was filed in March 2023, by attorneys Roy Huntsman of Cedar Hill, Utah, and Martel Harris of Pittsburgh.

It charges that removal from their Altoona home by police was unconstitutional interference with the children’s familial relationships and that there was failure to protect children while they were in foster care.

Blair County is accused of the “unreasonable removal” of the children from their home, and Altoona is civilly charged with its “unreasonable removal” of children from their home and failure to reunify the children with their biological family.

The case has been awaiting a decision by Haines since last August concerning the release of the child welfare records from Clearfield County.

Huntsman said he had no comment concerning the judge’s rulings.

The two oldest children are not involved in the lawsuit. They are now serving in the military. The remaining child has yet to decide whether to join the lawsuit, he stated.

Haines’ order will also allow the attorneys for the three plaintiffs to access the criminal case files involving the Krauses.

She cautioned, however, that any reference in those files containing information about the three non-party children is to be redacted.