Pregnant women deemed unfit to be mothers are being tracked by Vermont, according to a lawsuit.

This week, a lawsuit was filed alleging that Vermont's child welfare agency used unfounded claims about a pregnant woman's mental health to secretly investigate her and gain custody of her daughter prior to the baby's birth.

On Wednesday, the ACLU of Vermont and Pregnancy Justice filed a lawsuit against the Vermont Department for Children and Families, a counseling center, and the hospital where a woman gave birth in February 2022.

The state is accused of routinely tracking pregnant women deemed unfit to be mothers in the lawsuit.

An unidentified woman, referred to as A.V., is seeking unspecified monetary damages and an end to an alleged illegal surveillance program in a lawsuit.

The director of a homeless shelter where A.V. stayed in January 2022 reported to the child welfare agency that she exhibited signs of untreated paranoia, dissociative behaviors, and PTSD, according to the lawsuit. Despite having no authority over fetuses, the state conducted an investigation and spoke to the woman's counselor, midwife, and hospital social worker without her knowledge.

According to Harrison Stark, senior staff attorney at the ACLU, the woman was unaware of the probe until after she gave birth and her daughter was taken away.

While in labor, A.V. was unaware that hospital officials were providing updates to the state about her cervix dilation and temporary loss of custody of her baby. The state attempted to force a court order for a cesarean section, but it was rendered unnecessary because A.V. agreed to the surgery.

Seven months passed before the woman was granted full custody of her child.

"Stark stated that the circumstances surrounding our client were horrific, and it was evident from the events that had transpired that this was not the first time the agency had acted in this manner. According to several confidential sources, DCF has a pattern and practice of investigating pregnant women who fit certain unofficial criteria, which they track on a 'high risk pregnancy docket' or 'high risk pregnancy calendar'."

The Department for Children and Families commissioner, Chris Winter, stated that the agency will remain silent until they have thoroughly examined the lawsuit and its allegations.

He emphasized the importance of safeguarding children and upholding family support, while striving to maintain a delicate equilibrium between the children's welfare and the rights of their parents.

The Lund counseling center, named as a defendant, learned of the allegations from news reports.

Ken Schatz, the interim CEO, stated that we take these matters seriously and are actively working to gather more information to fully understand the situation.

Copley Hospital has not commented on the lawsuit.

In some states across the country, pregnant women can be civilly committed to take custody of a newborn, according to Pregnancy Justice senior staff attorney Kulsoom Ijaz. The frequency of these occurrences in the U.S. is not clear.

A.V.'s pregnancy was used to justify the blocking of people's rights, as shown by Ijaz.

In the year following the U.S. Supreme Court's decision to overturn Roe v. Wade, a report released by the organization in September revealed an increase in women being charged with pregnancy-related crimes. The majority of these cases involved women accused of child abuse, neglect, or endangerment due to allegations of substance use during pregnancy, with the baby being listed as the victim.

"Ijaz stated that DCF's actions were incredibly cruel and discriminatory. He pointed out that the state sanctioned surveillance and stalking, and violated Vermont's newly enshrined right to reproductive autonomy in its state constitution. Ijaz emphasized that this was an opportunity for Vermont to lead other states and demonstrate that these rights exist in practice, not just on paper."

Vermont, often referred to as a haven for reproductive rights, has faced troubling allegations, according to Stark.

The discovery of evidence that a state agency is colluding with certain medical providers to collect information without people's knowledge or consent and expanding its jurisdiction unlawfully to investigate people based on their reproductive health decisions is alarming, he said.

The Associated Press contributed to this report.