CONCORD, N.H. — Vermont’s child welfare department has petitioned a judge to reject a lawsuit claiming the state systematically targets and monitors pregnant women it deems unsuitable for motherhood. The Department for Children and Families (DCF) made this request on Monday, following a lawsuit initiated two months ago by a woman asserting that the state covertly investigated her during pregnancy and obtained custody of her child before birth.
The lawsuit, brought forward by the American Civil Liberties Union of Vermont along with the Pregnancy Justice advocacy group, is seeking to terminate what it describes as an unlawful surveillance initiative. Moreover, the lawsuit seeks undisclosed financial compensations for the woman, identified as A.V.
As per the legal complaint, the director of a homeless shelter where A.V. briefly resided in January 2022 informed the child welfare agency about A.V.’s apparent untreated paranoia and post-traumatic stress disorder, prompting the state to launch an investigation. Authorities later communicated with A.V.’s counselor, midwife, and a hospital social worker. The suit claims that from these communications, officials received updates from the hospital and obtained temporary custody of A.V.’s unborn child as she went into labor, subsequently removing the infant post-birth.
The lawsuit contends that the state had no jurisdiction prior to the birth, an argument countered by the state’s filing.
“DCF is charged with the complex and sensitive duty of safeguarding children from potential abuse and neglect while minimizing disruptions to families,” stated Assistant Attorney General David Groff. “In fulfilling its mission, DCF possesses the authority to probe potential abuse to an unborn child. DCF is not required to await harm transpiring post-birth.”
The state further argues that the family court system exclusively has jurisdiction to determine whether a child requires care or supervision, also asserting that the plaintiff cannot contest custody decisions through litigation. The motion neither confirms nor denies the operation of a “pregnancy calendar” allegedly utilized to monitor women, claiming A.V. cannot challenge it because she was never included in such a record and doesn’t assert otherwise.
The lawsuit additionally names the hospital where A.V. gave birth along with the counseling center she attended as defendants. Lund, the counseling organization, also seeks dismissal of the lawsuit. Addressing the suit, Copley Hospital indicated cooperation with the state’s investigation per legal obligations but denied any illicit disclosure of confidential medical information regarding A.V. Furthermore, the hospital refuted claims of routinely collecting and sharing sensitive data about pregnant patients.