A "safe haven" bill passed by the Legislature and intended to give parents an alternative to leaving unwanted newborns in unsafe conditions raises questions about whether the measure will do more harm than good.

There have been instances on the Mainland in which teen mothers abandon their babies in dumpsters and restrooms, but if that kind of child endangerment is widespread in the Islands, it isn't being reported.

Nevertheless, the Legislature has passed a "safe haven" bill allowing immunity from prosecution for people who drop unwanted newborns off at hospitals, police stations and other designated places.

Opponents say that if the bill becomes law, it has the potential to actually encourage people to abandon babies.

Gov. Linda Lingle has to decide whether to let the safe haven bill become law, or veto it, as she did with a similar measure in 2003.

Since that time, the state has no record of any babies being abandoned within three days of birth, and police and hospitals say that if it is happening, it's rare.

In 2001 a 21-year-old Kaua'i woman stuffed her baby in a rice bag and threw him in a garbage can to conceal her pregnancy from her family. The baby apparently suffocated.

Proponents of the bill rely on national statistics that show as many as 20,000 babies are being abandoned across the country every year. Since 1999, the National Council for Adoption says that more than 1,100 of these children have been saved by safe haven laws in 33 states.

Nationally, safe-surrender laws have received broad support from both Republicans and Democrats and groups on both sides of the abortion debate.

Hawai'i is one of only three states that do not have this kind of legislation.

But opponents say there is no hard evidence that safe haven laws are actually saving newborns' lives.

'SAVING TWO LIVES'

In written testimony on the bill in March, Linda Smith, the governor's senior policy adviser, said, "It is unclear whether laws that actually allow parents to abandon their children without legal consequence work, particularly because these laws address the problem at the last possible opportunity, which is after birth."

The bill's author, Rep. John Mizuno, D-30th (Kamehameha Heights, Kalihi Valley, Fort Shafter), said, "We're saving two lives. We're saving the newborn baby from certain death in the hot sun, or even worse, in a shallow grave. We're also saving the life of the mother," who might end up facing a long prison sentence for murder or manslaughter.

However, state Child Welfare Services says the bill may have unintended consequences, such as a mother losing parental rights if someone else takes her baby and drops it off without her permission.

"If a boyfriend decides to drop the baby off without telling her, the baby vanishes," said John Walters, program development administrator for Child Welfare Services.

When a child is abandoned, the Department of Human Services is required to go to court to petition for termination of parental rights while the child is put in foster care, he said.

Lingle has until June 23 to indicate whether she is considering vetoing any bills and until July 10 to take final action.

Rep. Corinne Ching, R-27th (Nu'uanu, Liliha, 'Alewa Heights), one of two House members to vote against the bill, argued that allowing anonymous drop-offs could rob the baby of important medical and genealogical information, as well as a chance of being reunited with family.

While Mizuno acknowledges those are valid concerns, he said "that's all trumped pursuant to the life of a newborn baby."

The bill specifically urges those who accept the baby to get as much information about the baby as possible, but babies would be accepted anonymously if that is the only way to save their lives.

"It's all moot if the baby is dead," Mizuno said.

OTHER ISSUES WITH BILL

However, Walters said Child Welfare Services has other issues with the bill.

While the bill stipulates the baby must be dropped off unharmed within 72 hours of birth, Walters said there is no clear definition of what "unharmed" means.

In addition, while the person dropping off the baby is immune from prosecution, the person accepting it is not immune from criminal or civil liability.

"If they did something that someone objected to, they would be able to be sued," Walters said.

Walters recalled only one reported instance that might have been averted with a safe haven law.

A more likely scenario is that a baby will be left at a hospital or abandoned with a friend or family member. In those cases, Child Welfare Services will be called in to take care of the baby.

"We believe that our system that we have now is more than enough," Walters said.

"We are about child protection. That's what we do. That's what we care about," he said. "If we really thought the bill would do the job, we would have supported it."

In her testimony, Smith raised other concerns. "The administration is concerned that this bill may have an unintended consequence of encouraging parental irresponsibility. Enactment of this bill may encourage those mothers to abandon their children rather than seeking help from the birth fathers, their families and other supportive resources," she said.

Reach Treena Shapiro at tshapiro@honoluluadvertiser.com.