A lawsuit filed by the ACLU of Vermont and Pregnancy Justice accuses the Vermont Department for Children and Families (DCF) of illegally targeting and secretly tracking pregnant women deemed unsuitable for parenthood. The complaint highlights the case of a woman, identified as A.V., whose baby was taken from her at birth based on allegations about her mental health.
Mother Alleges Secret Investigation and Custody Battle
The lawsuit claims that A.V. was investigated by DCF after the director of a homeless shelter reported concerns about her mental health. The agency allegedly gathered information from her counselor, midwife, and hospital staff without her knowledge or consent.
When A.V. gave birth in February 2022, she was reportedly unaware that hospital staff had been providing updates about her labor to DCF. Her baby was immediately taken into state custody, and it took seven months for her to regain full custody.
“It’s a horrific set of circumstances for our client,” said Harrison Stark, senior staff attorney at the ACLU.
“High-Risk Pregnancy Docket” Raises Concerns
The lawsuit alleges that DCF maintains a “high-risk pregnancy docket” to track pregnant women based on unofficial criteria, including mental health or socioeconomic status. This practice, according to the ACLU, is a violation of state and constitutional rights.
“What DCF did here is incredibly cruel, discriminatory, and a blatant violation of reproductive autonomy,” said Kulsoom Ijaz, senior staff attorney at Pregnancy Justice.
Vermont’s Reproductive Rights Under Scrutiny
The allegations come as Vermont positions itself as a leader in reproductive rights. In 2022, the state enshrined reproductive autonomy in its constitution, yet the lawsuit suggests state agencies may be undermining those rights.
“This is an opportunity for Vermont to signal to other states that reproductive rights are not just words on paper but actionable protections,” Ijaz said.
State and Institutional Responses
Chris Winter, commissioner of DCF, stated the agency would review the lawsuit’s claims.
“We take our mission of protecting children and supporting families seriously and work hard to balance the safety and well-being of children with the rights of parents,” Winter said in an email.
Copley Hospital and Lund, the counseling center named as defendants, declined immediate comment but indicated they are investigating the allegations.