CONCORD, N.H. (AP) — Vermont’s baby welfare company has requested a choose to dismiss a lawsuit alleging the state routinely targets and tracks pregnant girls deemed unsuitable for motherhood.
The Division for Kids and Households filed the request Monday, two months after it was sued by a lady who claims the state secretly investigated her when she was pregnant and gained custody of her daughter earlier than the child was born. The lawsuit, filed by the American Civil Liberties Union of Vermont and the Being pregnant Justice advocacy group, seeks each an finish to what it calls an unlawful surveillance program and unspecified financial damages for the girl, who’s recognized solely by her initials, A.V.
In accordance with the criticism, the director of a homeless shelter the place A.V. briefly stayed in January 2022 instructed the kid welfare company that she appeared to have untreated paranoia, dissociative behaviors and post-traumatic stress dysfunction. The state opened an investigation and later spoke to the girl’s counselor, midwife and hospital social employee. The go well with alleges the state acquired updates from the hospital and gained momentary custody of the fetus whereas she was in labor after which instantly took the child away when she was born.
In accordance with the lawsuit, the state had no jurisdiction earlier than the child was born, an argument the state rebuts in its submitting.
“DCF is tasked with the troublesome and delicate process of balancing the necessity to shield youngsters from potential abuse and neglect towards disruptions to households,” wrote Assistant Legal professional Basic David Groff. “Given its mission, DCF has the authority to analyze potential abuse to a soon-to-be-born baby earlier than the kid is born. DCF needn’t watch for hurt to happen after delivery.”
The state argues that its household courtroom system has unique jurisdiction to resolve whether or not a toddler wants care or supervision, and that the plaintiff cannot relitigate custody selections through a lawsuit. The movement neither confirms nor denies the existence of a “being pregnant calendar” used to trace girls, however says A.V. lacks standing to problem it as a result of she was by no means a part of such a calendar and does not declare to have been.
The lawsuit additionally names the hospital the place the girl gave delivery and a counseling middle the place she sought therapy as defendants. Lund, the counseling middle, has additionally filed a movement to dismiss the case. In its response to the go well with, Copley Hospital mentioned it cooperated with the state’s investigation as required underneath state regulation. The hospital denied that it illegally disclosed confidential medical details about A.V. or that it routinely collects and disseminates delicate details about pregnant sufferers.
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