MONTPELIER, Vt. (WCAX) – The ACLU of Vermont has filed a lawsuit alleging that the Department for Children and Families interfered with a pregnant woman’s child delivery and custody over unsubstantiated claims about her mental health.
The lawsuit alleges that back in January of 2022, Vermont’s Department for Children and Families received a report that a pregnant woman appeared to have mental health issues. That woman was not publicly identified in the lawsuit.
After the report, the ACLU says DCF began an assessment of the expectant mother even though she hadn’t had the baby yet. They say state workers reached out to her providers, including at Lund and Copley Hospital, who then disclosed private medical decisions.
“To be having a conversation that you believe is confidential with a service provider talking about really personal and intimate choices… For that provider to essentially turn around and direct that information to a government agency, which might seek later to intervene and terminate your parental rights. It’s a nightmare scenario,” said ACLU of Vermont Attorney Harrison Stark.
The ACLU says the mother-to-be had no idea she was being assessed and that it was out of DCF’s jurisdiction because the baby had not been born. And, before the birth, DCF secured custody.
“Believing that the child had already been born, was in imminent danger. The court granted the order. And so DCF secured what is in effect custody of a fetus at this point, which is still within our client’s body,” said Stark.
The lawsuit claims the mother wasn’t even allowed to hold her child at birth.
“As soon as the child comes into the World, Hospital staff at DCF’s direction removes the baby from the room and our client is denied the opportunity to even hold her. No breastfeeding, no skin-to-skin contact,” said Stark.
They say she fought for seven months to get her child back. Part of that fight included an evaluation that did not substantiate mental health concerns.
The ACLU also claims that DCF maintains a quote, ‘high-risk pregnancy” calendar to track people it deems unfit to parent before they even give birth.
“We want DCF to permanently abandon this practice of unlawfully surveilling pregnant Vermonters and stay within its jurisdictional limits of investigating cases of child abuse and neglect or children in need of supervision,” said Stark.
The ACLU is bringing 13 counts against the three entities, DCF, Copley Hospital, and Lund, ranging from issues of privacy to the right to bodily autonomy.
We reached out to all three. Lund and Copley Hospital did not have any comment. DCF responded with a statement saying in part, “The Department for Children and Families is reviewing the lawsuit and is not able to comment at this time. 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.”
They say they’ll release another statement once they’ve had an opportunity to review the suit and investigate the claims.