Vermont child welfare agency seeks to dismiss lawsuit alleging it...
Vermont’s child welfare agency is seeking to dismiss a lawsuit that claims the state systematically targets and tracks pregnant women who are considered unsuitable for motherhood. This request, filed by the Department for Children and Families (DCF) on Monday, follows a lawsuit initiated by A.V., a woman who alleges that the state conducted secret investigations while she was pregnant and obtained custody of her daughter before birth.
The suit, brought forth by the American Civil Liberties Union of Vermont and the advocacy group Pregnancy Justice, contends that DCF employed illegal surveillance methods against A.V. It states that the director of a homeless shelter reported A.V.'s mental health issues to the agency, prompting an investigation that included consultations with her counselor, midwife, and hospital social worker. The complaint alleges that the state improperly gained temporary custody of A.V.'s fetus during labor and took the newborn immediately after birth.
In its filing, DCF maintains that it has the authority to investigate potential abuse of an unborn child, arguing that it must act to protect children before any harm occurs. Assistant Attorney General David Groff emphasized the agency's responsibility to balance child protection needs against family disruptions, asserting the agency's jurisdiction in these sensitive matters.
The state also contends that family courts have the exclusive jurisdiction to determine whether a child requires care or oversight, and that A.V. cannot use this lawsuit to dispute custody decisions. While the motion does not confirm the existence of a "pregnancy calendar" that allegedly tracks women, it argues that A.V. lacks standing to contest it, as she claims to have never been part of such a system.
Alongside DCF, the lawsuit names Copley Hospital, which A.V. claims illegally shared her confidential information, and Lund, her counseling center. Both entities have filed motions to dismiss the case, with Copley Hospital stating it acted in compliance with state law during the investigation and denying any wrongdoing regarding the handling of sensitive information about pregnant patients.