
Vermont’s child welfare agency faces a lawsuit for allegedly tracking pregnant women without consent and unlawfully removing a newborn from its mother.
At a Glance
- ACLU and Pregnancy Justice sue Vermont Department for Children and Families (DCF)
- Lawsuit alleges DCF tracked “high-risk” pregnancies without consent
- A woman’s newborn was taken at birth based on unsubstantiated mental health claims
- The case challenges Vermont’s reputation as a reproductive rights haven
- Lawsuit seeks to declare DCF’s “high-risk pregnancy docket” illegal
Lawsuit Alleges Unlawful Surveillance and Intervention
The American Civil Liberties Union (ACLU) of Vermont and Pregnancy Justice have filed a lawsuit against the Vermont Department for Children and Families (DCF), accusing the agency of illegally monitoring pregnant women and unjustly intervening in their pregnancies. The lawsuit, filed in Lamoille County Superior Court, centers on a woman identified as A.V., whose newborn was taken into custody immediately after birth based on alleged mental health concerns.
According to the complaint, DCF used an internal program to track pregnancies they deemed “high-risk” without the knowledge or consent of the individuals involved. This practice has raised serious concerns about the violation of personal autonomy and reproductive rights in a state known for its progressive stance on such issues.
The lawsuit details the distressing experience of A.V., who was unaware of any investigation until her child was taken away after birth. DCF allegedly sought a court order for a caesarean section without A.V.’s knowledge, though this became unnecessary when she consented to the surgery. The child was returned to A.V. months later by court order, with no formal mental health evaluation supporting DCF’s actions.
The lawsuit names not only DCF but also Copley Hospital and Lund Counseling Center as defendants for improperly sharing confidential information. Both organizations are gathering information and have not yet commented on the allegations.
Challenging State Overreach
The ACLU argues that DCF’s policy of intervening in pregnancies lacks legal basis and violates personal reproductive autonomy rights. The lawsuit seeks to declare DCF’s “high-risk pregnancy docket” illegal and requests damages and attorney’s fees.
“There is no legal mechanism — to my knowledge, and I can’t imagine one — that allows DCF to intervene while a fetus remains in somebody’s body,” Harrison Stark said.
This case has broader implications, as Pregnancy Justice highlights an increase in pregnancy-related charges following the overturn of Roe v. Wade. It raises significant questions about the balance between child welfare concerns and the rights of pregnant women, especially in a state like Vermont that has traditionally been seen as a stronghold for reproductive rights.
The lawsuit has cast a shadow over Vermont’s reputation as a haven for so-called “reproductive rights.”
Funny old world, isn’t it?
As the case unfolds, it will likely prompt a reevaluation of the state’s policies regarding pregnancy monitoring and intervention. Let’s hope so, anyway.