The Vermont Department for Children and Families is asking a judge to dismiss a lawsuit that claims the state targets and tracks pregnant women who are deemed unsuitable for motherhood. The lawsuit, filed by the American Civil Liberties Union of Vermont and the Pregnancy Justice advocacy group, seeks to put an end to what they call an illegal surveillance program and also asks for unspecified monetary damages for the woman involved, identified only as A.V.
According to the lawsuit, the woman was secretly investigated by the state while she was pregnant, and the state took custody of her daughter before the baby was born. The lawsuit alleges that the state received information from various sources, including a homeless shelter director, the woman’s counselor, midwife, and hospital social worker. The state then won temporary custody of the fetus while the woman was in labor and immediately took the baby away after birth.
The state argues that it has the authority to investigate potential abuse of a soon-to-be-born child before birth, in order to protect children from harm. They claim that the family court system has exclusive jurisdiction to decide if a child needs care or supervision, and that the plaintiff cannot challenge custody decisions through a lawsuit.
The lawsuit also names the hospital where the woman gave birth and a counseling center where she sought treatment as defendants. The hospital denied illegally disclosing confidential medical information or routinely collecting and disseminating sensitive information about pregnant patients.
The Vermont Department for Children and Families believes it is balancing the need to protect children from potential abuse and neglect against disruptions to families. They maintain that they have the authority to investigate potential abuse of unborn children and do not need to wait for harm to occur after birth. The state neither confirms nor denies the existence of a “pregnancy calendar” used to track women, and they argue that the woman lacks standing to challenge it as she was never part of such a calendar.
The counseling center involved has also filed a motion to dismiss the case, stating they cooperated with the state’s investigation as required by law. The lawsuit is ongoing, and the outcome will determine the future of the surveillance program and the rights of pregnant women in Vermont.
So, not really sure why this matters, but it seems like there’s a lot at stake in this lawsuit. The state’s actions raise questions about privacy, the rights of pregnant women, and the limits of government intervention. It’s a complex issue with no easy answers, and the outcome of this case could have far-reaching implications. But hey, that’s just my two cents.
