Nearly two years after the tragic death of 4-year-old Kristen Tatar, Westmoreland and Armstrong counties are still at odds over which jurisdiction should be held liable for not properly caring for the young girl. According to court documents filed as part of a federal lawsuit brought by Kristen's surviving family members, the counties continue to point blame at the other. The most recent accusation came earlier this week when Westmoreland County filed a claim against Armstrong County, saying that it should be held accountable for Kristen's death. Both counties, along with the girl's parents, James Tatar and Janet Crawford, are defendants in the lawsuit. Tatar and Crawford were convicted last year of first-degree murder and are serving life prison terms. The girl, who was born with a digestive disorder that required medical care for much of her life, was deprived of food and water when she was locked in an attic for several days in early July 2003 at her Parks Township, Armstrong County home. Her emaciated remains were found a month later, wrapped in plastic trash bags and stuffed into a picnic cooler that was placed in a garbage can near an outdoor, backyard shed. In cross claims filed by the counties, Westmoreland contends that caseworkers from Armstrong's child welfare agency should have taken a more active role in the oversight of Kristen. Armstrong's Children and Youth Services took over the case in May 2002, more than eight months after a Westmoreland judge ordered she be returned to her parent's custody. Kristen had spent the previous year in foster care under the watchful eye of Westmoreland child welfare caseworkers. Armstrong countered that the case was never formally transferred from Westmoreland and that Westmoreland never provided any case records or information about Kristen. "Despite our requests for information, we never received the information," said David White, attorney for Armstrong. According to court documents, Armstrong caseworkers, via a fax sent on May 28, 2002, asked for an explanation from Westmoreland as to why the agency should intervene with the Tatar family and to be supplied with all her medical records. The fax was sent to Westmoreland County Children's Bureau caseworker Sandy Palatto, who had been assigned to the Tatar case. Armstrong contended it never received a reply. Armstrong argued that the only contact with Westmoreland was an informal telephone conversation between caseworkers. "Prior to her death, the Armstrong County Court of Common Pleas never issued an order placing Kristen in custody of the Armstrong County Children and Youth Services. In fact, Armstrong County Children and Youth Services never had physical or legal custody of Kristen prior to her death," according to documents filed on Armstrong's behalf. That's not the position Westmoreland has taken. Tom Pellis, the attorney representing Westmoreland, its children's bureau and agency officials, could not be reached for comment. But in court documents filed by Pellis he argued that Armstrong was responsible for Kristen's care and that caseworkers there should have known about the risks in the Tatar home. In making its argument, Westmoreland contended that caseworker Carla Danovsky, who was eventually assigned the Tatar case for Armstrong, had special knowledge of the situation. That's because Danovsky used to work as a caseworker for Westmoreland. Westmoreland also contended that Danovsky had an opportunity to see Kristen just two weeks before her death. Danovsky went to the Tatar's home on June 19, and saw a young girl that she described as "fine and in good health." Armstrong officials now believe the girl Danovsky saw was not Kristen, but another child who has not been identified. White disputed Westmoreland's claim. "Carla Danovsky, despite her previous employment, didn't work on this case in Westmoreland County. She had no involvement in Kristen's case," White said. Both counties are in agreement on one point: most of the blame for Kristen's death should be directed at her parents. Kristen's survivors contend all defendants are at fault. "It is our position when they transferred the case one or both dropped the ball. Both counties had the responsibility to keep abreast about what was going on with Kristen," said attorney James Hankle, who is representing the girl's estate. "This is how kids fall through the cracks." Meanwhile, the case moves forward. Depositions are soon to be conducted with county officials, caseworkers and even members of Kristen's family. Earlier this year, U.S. District Judge Gary Lancaster ruled the lawsuit can proceed to trial.

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