A Vermont woman, identified as A.V., is taking legal action against the state’s child welfare agency, claiming that her daughter was removed from her custody based on unsubstantiated rumors about her mental health.
This lawsuit, spearheaded by Pregnancy Justice in partnership with the American Civil Liberties Union (ACLU) of Vermont, aims to put a stop to what they describe as a “surveillance” program targeting pregnant individuals, and it also seeks unspecified damages.
Background of the Case
The events leading to this lawsuit trace back to January 2022, when A.V. was living in a homeless shelter.
Before she left the shelter, the director raised concerns with the Vermont Department for Children and Families, suggesting that A.V. might be struggling with mental health issues like paranoia and post-traumatic stress disorder without proper treatment.
In response to these claims, the department began an investigation.
They reached out to A.V.’s counselor, midwife, and a hospital social worker.
However, A.V. contends she was never made aware of the concerns raised during this inquiry, nor was she given a chance to share her perspective.
Instead, during her labor, hospital staff allegedly kept the Department for Children and Families informed about her condition.
Immediate Consequences
Once A.V.’s child was born, social workers arrived at the hospital and took custody of the newborn immediately.
According to A.V.’s attorney, this sequence created immense distress for their client and raises questions about a broader pattern of behavior within the agency.
Stark, another attorney from the ACLU, pointed out that the Department for Children and Families seems to habitually scrutinize pregnant women based on unofficial and questionable criteria.
They referred to this practice as involving a “high-risk pregnancy docket.”
Legal and Ethical Concerns
Commenting on A.V.’s case, legal representatives from Pregnancy Justice highlighted a disturbing trend where women face legal challenges related to their pregnancies and unborn children.
They described the actions of the Department for Children and Families as not only cruel and discriminatory but also as a form of state-sanctioned surveillance.
This, they argue, violates Vermont’s constitutionally protected right to reproductive autonomy and underscores the need for the state to lead by example.
It’s essential that these rights are not just acknowledged in principle but also upheld in practice.
Source: Legalreader