MONTPELIER, Vt. — A recent lawsuit alleges that the Vermont Department for Children and Families (DCF) manipulated concerns about a pregnant woman’s mental health as a pretext to secretly investigate and ultimately gain custody of her newborn daughter immediately after her delivery in February 2022. The American Civil Liberties Union of Vermont and Pregnancy Justice, a national advocacy organization, have teamed up to file the complaint against DCF, a local counseling center, and the hospital involved.
According to the legal documents, the state of Vermont has been accused of engaging in the routine surveillance of pregnant women deemed unsuitable for motherhood, which has raised significant concerns about privacy violations and the misuse of authority. The lawsuit seeks an undisclosed amount of financial compensation for the plaintiff, identified only by her initials A.V., and demands an end to what it calls an illegal surveillance program.
The suit details how A.V.’s mental health was questioned by officials at a homeless shelter where she was staying in January 2022. They allegedly reported that she displayed symptoms of paranoia, dissociative behaviors, and PTSD. Subsequently, without her knowledge, DCF began compiling information from her counselor, midwife, and a hospital social worker, despite lacking legal jurisdiction over unborn children.
A.V. only became aware of the investigation when she went into labor and her daughter was taken from her immediately after birth. She was reportedly uninformed that hospital staff had been updating the state agency about her condition during labor. There were also claims made in the lawsuit that the state sought a court order to force A.V. to undergo a cesarean section, though she ultimately agreed to the procedure voluntarily.
It took seven months before A.V. regained full custody of her daughter.
Harrison Stark, a senior staff attorney with the ACLU, emphasized the severity of the case and suggested that this wasn’t an isolated incident. He revealed that information from confidential sources indicated a pattern where DCF preemptively monitors certain pregnant women based on unofficial criteria and maintains what are referred to as ‘high risk pregnancy dockets.’
Chris Winter, the commissioner for the Vermont Department for Children and Families, stated that the agency would not comment until it had a chance to review the allegations and conduct its own investigation. Winter affirmed the agency’s commitment to balancing child safety and parental rights.
The named counseling center, Lund, responded by stating that they were only made aware of the allegations through news reports, and declined further comment pending a full understanding of the case. Copley Hospital, where A.V. delivered her baby, has also not issued any comments regarding the lawsuit.
This legal challenge surfaces amid broader national debates on the rights of pregnant women following legislative changes across the U.S. Pregnancy Justice has pointed out the increasing criminalization of women based on their behavioral choices during pregnancy since the overturning of Roe v. Wade. In a report released by the group, a surge in pregnancy-related crime allegations has been documented, painting a troubling picture of reproductive rights in the current legal landscape.
By spotlighting these practices in Vermont, often viewed as a sanctuary for reproductive freedoms, advocates hope to ignite a broader discussion on the need for these rights to be more than theoretical protections but active practices respected across states.
The unfolding of this case could potentially set a precedent for how pregnant women are treated under the law and the extent to which their privacy is respected by state authorities.
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