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The Honolulu Advertiser
Posted on: Friday, June 1, 2007

'Safe haven' bill needs safeguards for passage

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The protection of newborn babies through encouraging their care at "safe havens" is something everyone can support in concept. All but three states have laws on the books that seek to accomplish this by protecting parents who surrender their healthy and unharmed newborns to hospitals or other prescribed "havens" from prosecution.

Hawai'i is one of the holdouts. And as much as the intent of the current proposal is deserving of support, that measure, HB 1830, falls short and needs revision in the coming year.

The bill would decriminalize child abandonment if a parent leaves a newborn baby at a hospital, fire or police station or with emergency medical services personnel within 72 hours of the birth.

The idea has merit, if it could persuade even one troubled or immature mother to hand her newborn over to authorities without fear of being charged with a crime, a mother who might otherwise simply leave the baby in an unprotected place.

But it's unwise to pass a bill that is lacking in key elements.

For starters, there is ambiguity on the issue of a mother changing her mind. The person receiving the child is expected to make "every reasonable effort" to solicit key information, "including whether the parents plan on returning to seek custody of the child in the future." The bill also states that the Department of Human Services "may reunite the newborn child with the newborn's parents," but neglects to provide any ending date to such a cooling-off period.

And mothers do change their minds, so it's critical to define such boundaries. A few weeks ago, a Tampa mother returned to a fire station to reclaim her infant; the law in Florida is clear in giving her 30 days to do so.

In this state, DHS raised other issues, including this valid worry: There is no safeguard against the baby being left by someone who is not a legal custodian or parent.

Additionally, DHS rightly points out that the bill would be improved with added protocols for establishing that a surrendered infant is, in fact, a newborn.

And funds should be allocated for an effective public education effort.

The proponents of this bill need to circle back with DHS and address its concerns.

Meanwhile, more support should be given to extended family members who so often end up as the caregivers. And, while lawmakers work to bring a basically good idea to fruition, they should seek other ways the state can, through early intervention, work on the root causes of child abandonment.