The lawsuit filed against Vermont’s child welfare agency accuses the state of using baseless allegations to secretly investigate a pregnant woman, A.V., and strip her of custody of her daughter before the baby’s birth. Filed by the ACLU of Vermont and Pregnancy Justice, the suit targets the Vermont Department for Children and Families (DCF), a counseling center, and the hospital where A.V. gave birth in February 2022.
The case involves claims that the DCF tracked pregnant women deemed unsuitable for motherhood, including A.V., who was investigated based on unfounded reports about her mental health. These reports, including claims of paranoia, dissociative behavior, and PTSD, prompted the state to secretly contact her counselor, midwife, and hospital social worker without her knowledge, even though there was no legal basis to investigate a fetus. The investigation continued without A.V.’s awareness until her baby was taken from her after birth. Hospital staff also provided updates to the state during her labor, and the DCF sought a court order for a cesarean section, which was avoided when A.V. consented to the procedure.
The lawsuit seeks unspecified monetary damages and demands an end to the state’s alleged surveillance program, which the plaintiffs claim targets pregnant women based on unofficial criteria. A.V. did not regain full custody of her child until seven months after the birth, and the lawsuit suggests that this was not an isolated case, as the DCF allegedly maintains a “high risk pregnancy docket” to monitor certain pregnant women.