Vermont’s child welfare agency relied on false allegations about a pregnant woman’s mental health to secretly investigate her and win custody of her daughter before the baby was born, a lawsuit alleges. The ACLU and Pregnancy Justice are suing the Vermont Department for Children and Families, a counseling center, and the hospital where the woman gave birth in February 2022.
According to the lawsuit, the state’s investigation was based on information from a homeless shelter director who claimed the woman appeared to have untreated paranoia, dissociative behaviors, and PTSD. The state interviewed her counselor, midwife, and hospital social worker without her knowledge or consent, despite having no jurisdiction over fetuses.
The woman was unaware of the investigation until she gave birth, when hospital officials were relaying updates to the state, including details of her cervix dilation. The state even sought a court order for a cesarean section, which was avoided when the woman agreed to the surgery. It took her seven months to regain full custody of her daughter.
The lawsuit alleges that the Vermont Department for Children and Families has a pattern of targeting and tracking pregnant women deemed unsuitable for parenthood, and is seeking an end to the alleged surveillance program and unspecified monetary damages. The state’s commissioner of the Department for Children and Families has not commented on the lawsuit, but the agency has stated that it prioritizes protecting children and supporting families while balancing their needs with the rights of parents.
The ACLU and Pregnancy Justice argue that the case highlights the increasing use of pregnancy as a pretext to trample on people’s rights, and that it is essential for Vermont to take a stand against such practices. The organizations believe that the state has the opportunity to signal to other states that its commitment to reproductive autonomy is genuine.