A lawsuit alleges that Vermont's child welfare agency used unsubstantiated mental health concerns to unjustly investigate a pregnant woman and seize custody of her newborn daughter. Filed by the ACLU of Vermont and Pregnancy Justice, the suit accuses the Vermont Department for Children and Families (DCF), a counseling center, and the hospital where the woman gave birth in February 2022 of violating her rights. The lawsuit further claims the state routinely monitors pregnant women deemed unfit for motherhood, seeking unspecified damages for the woman, identified as A.V., and an end to the alleged surveillance program.
The lawsuit contends that based on a shelter director's report of A.V.'s perceived paranoia, dissociative behaviors, and PTSD, the DCF launched an investigation. They communicated with her counselor, midwife, and a hospital social worker without her consent, despite lacking jurisdiction over fetuses. A.V. was reportedly unaware of the investigation until her daughter was removed from her custody immediately after birth. The lawsuit describes how hospital staff provided the state with updates on A.V.'s labor, including cervical dilation, without her knowledge. The state even attempted to obtain a court order mandating a C-section, though A.V. ultimately agreed to the procedure. She did not regain full custody of her child for seven months.
The ACLU attorney representing A.V. stated this was not an isolated incident, citing confidential sources who allege DCF routinely tracks pregnant women based on unofficial criteria using a “high-risk pregnancy docket.” DCF Commissioner Chris Winter stated the agency would investigate the accusations before commenting, emphasizing their commitment to protecting children while upholding parental rights. The Lund counseling center, also named in the suit, claimed they were unaware of the allegations until news reports surfaced. Copley Hospital has not yet issued a statement.
Pregnancy Justice highlighted the increasing use of pregnancy as grounds to restrict individual rights, pointing to a report documenting a rise in pregnancy-related criminal charges against women after the overturning of Roe v. Wade. These cases often involve allegations of substance abuse during pregnancy, with the baby listed as the victim. They argue that DCF's actions are discriminatory and violate Vermont's constitutional right to reproductive autonomy, calling on the state to uphold these rights in practice.
The ACLU expressed concern over the allegations, particularly given Vermont's self-proclaimed status as a haven for reproductive rights. They find it alarming that a state agency might be colluding with medical providers to gather information without consent and unlawfully expanding its jurisdiction to investigate individuals based on reproductive health decisions.
