Alysha Cesaire, a Broward woman suffering from spinal ataxia, filed a complaint against several government officials, citing her constant fear of losing her child because of her disability.

Now the U.S. District Court for the Southern District of Florida will decide whether to amend policies that affect what happens to children born to mothers with disabilities, and if Cesaire should be awarded damages.

The dispute centers on allegations that hospital employees and an investigator from the Florida Department of Children and Families sought to put Cesaire's newborn in foster care because they alleged the parents were unable to care for the child.

Cesaire has a hereditary disease, which has affected her brain and caused uncoordinated walking and abnormal speech.

The complaint alleges that while Cesaire has caregivers, she fears Child Protective Services could place her child into the dependency system at any time based on an incident shortly after the baby's birth.

It claims people with disabilities are automatically disadvantaged in the dependency system because the risk assessment system does not consider the availability of family or friends to assist the parent.

Cesaire gave birth to her son two years ago. Soon after, based on a report from a hospital social worker, a child protective investigator was assigned to the case. Instead of discharging the mother and the child, the hospital held the newborn, according to the complaint.

The complaint alleges the investigator stated that the mother and father had displayed "cognitive delays," which would hinder them from meeting the newborn's basic needs.

The complaint stated that the investigator filed a shelter petition that a Broward judge later denied, finding no probable cause warranting issuance of an order directing shelter care. The order would have removed the child from the parents' custody, and placed the baby in shelter care, while still affording parents and siblings visitation rights, if appropriate.

Stacie Schmerling, a partner at Kelley Kronenberg in Fort Lauderdale, and Matthew Dietz, the litigation director of Disability Independence Group in Miami, represent Cesaire. They filed Cesaire's case against the Broward County Sheriff's Office and its Sheriff Gregory Tony, along with Chad Poppell, the secretary of the Florida Department of Children and Families.

The sheriff's office declined to comment, citing a policy of not commenting on ongoing litigation. And Poppell did not respond to a request for comment.

Read the full complaint:

Even though the court denied the shelter petition, Cesaire alleged that her child could be taken from her at any time due to her disability, despite having caregivers at home. But the complaint stated that the social worker's concern about the child's welfare arose because both of Cesaire's parents work outside of the home full time, leaving Cesaire alone with the child for several hours per day.

Schmerling pointed to the Child Welfare Practice Model, where protective services grade parents from letters A to D. The letter A is the equivalent to excellent, while B, C, and D are progressively worse. People with disabilities, Schmerling said, are commonly graded the lowest letters due to their constraints, instead of focusing on their ability to satisfy a child's emotional needs.

"A parent without a disability might come in with an A rating and they actually abused or neglected their child," Schmerling said. "But parents with disabilities are already with a disadvantage without ever abusing or neglecting their child by virtue of their disability."