Vermont’s child welfare agency, the Department for Children and Families, is seeking the dismissal of a lawsuit alleging that the state targets and tracks pregnant women considered unsuitable for motherhood. The lawsuit was filed by the ACLU of Vermont and the Pregnancy Justice advocacy group on behalf of a woman identified as A.V. who claims the state investigated her during pregnancy and took custody of her daughter before the baby was born.
The complaint alleges that the state received information from a homeless shelter where A.V. briefly stayed, leading to an investigation that ultimately resulted in temporary custody of the fetus and immediate removal of the baby after birth. The state argues that it has the authority to investigate potential abuse to an unborn child before birth in order to protect children from harm. The lawsuit also names the hospital where A.V. gave birth and a counseling center as defendants.
The Department for Children and Families denies the existence of a “pregnancy calendar” used to track women and argues that the plaintiff does not have standing to challenge it. The hospital and counseling center have also filed motions to dismiss the case, with the hospital stating that it cooperated with the state’s investigation as required by law.
The lawsuit seeks an end to the alleged surveillance program and unspecified monetary damages for A.V. The state maintains that its family court system has the jurisdiction to decide on child custody matters and that the plaintiff cannot challenge custody decisions through a lawsuit. The case highlights the delicate balance between protecting children from abuse and preserving family relationships in the child welfare system.
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