The ACLU of Vermont and Pregnancy Justice filed a lawsuit on behalf of a Vermont woman whose rights were violated by the Vermont Department for Children and Families (DCF) during an unlawful “assessment” of her parental capacity based on unsubstantiated claims about her mental health. In addition to DCF, the lawsuit names Lund and Copley Hospital.
With the assistance of direct service provider Lund and Copley Hospital, and without her knowledge, DCF surveilled the woman, called A.V. in the lawsuit; lied to a state court about A.V.’s pregnancy status; obtained legal control of A.V.’s fetus; tried to force A.V. to undergo an involuntary cesarean surgery; and then took and retained custody of her newborn baby for months while attempting to sever A.V.’s parental rights.
A.V. was ultimately reunited with her child and now seeks redress for the violation of her statutory and constitutional rights and to ensure that no Vermonter experiences what she experienced.
The complaint pleads 13 counts against defendants, including what may be the first-ever claim based on Article 22 of the Vermont Constitution — known more commonly as “Proposition 5,” or the Reproductive Liberty Amendment — adopted by an overwhelming majority of Vermont voters in 2022.