Could knowledge of Hawaii’s “Baby Safe Haven” law have prevented a mother from giving birth and dumping her live newborn infant into a trash bin Saturday night in Kahala?
Although it still remains illegal (and unsafe) to leave a newborn on the proverbial steps of a church, Hawaii law allows someone to leave a baby within 72 hours of birth at a fire station, police station, hospital or emergency medical services with immunity from prosecution.
Honolulu Emergency Services Department spokeswoman Shayne Enright said EMS personnel responded to a 911 call at 11:30 p.m. Saturday on Waialae Avenue and were flagged down.
They treated and transported a newborn baby girl in serious condition to a hospital.
“She was in somebody’s arms” when they arrived, Enright said, so could not say where she was found.
After screams were heard, a male resident reportedly witnessed the mother giving birth on the sidewalk, then placing the child into his trash bin, according to news reports. The man called 911 and removed the baby from the garbage bin.
Honolulu police spokeswoman Sarah Yoro provided few details, simply saying police have classified the case as child abandonment, which is a misdemeanor, and said Tuesday that there have been no arrests and that the investigation is ongoing.
State Rep. John Mizuno, who introduced HB 1830, which became law in 2007 in Hawaii, to save newborn babies from abandonment believes knowledge of the law — Hawaii Revised Statutes Section 709-902(2) — could have led to the mother bringing the baby to an appropriate location.
“Usually, it’s the younger teenage girl that does not know about this,” he told the Honolulu Star-Advertiser. “She could have simply gone to a hospital, Emergency Medical Services, a fire station, perhaps get help with the delivery, and at that point safely surrender the baby girl. This is completely legal.”
He added that the baby would not have had to be rushed to the hospital, and there would be no criminal charges pending against the mother.
“Perhaps the state must provide greater awareness and education to mothers, pregnant girls and women that a Baby Safe Haven laws exists in Hawaii and that they have a safe place to turn to before making a life-threatening decision,” Mizuno said in a written statement.
But Judith Clark, executive director of Hawaii Youth Services Network, said that while it is important for people of all ages who might become parents to know that option exists, what is “more critically important is to teach young people to prevent what this young mother did, “that she needed to leave her baby on a street corner and abandon it.”
“She must have truly felt desperate, without anyone to turn to,” Clark said. “I don’t want women to feel like that’s the only option” and feel trapped in the situation.
Clark said that in Hawaii the Department of Education is mandated to provide sexual health education to all students, but enforcement is spotty and there is a lack of resources for it.
In contrast, in the Commonwealth of the Northern Mariana Islands, the schools provide such education, including teen pregnancy prevention, which is offered in sixth and seven grades and high school.
Coupled with parents talking to their teens about sexual health, about their choices and consequences that can arise from their actions, they have seen a 75% drop in the teen birthrate since 2019.
Clark said those who perform outreach for runaways find 500 to 600 youths on the street each year in Hawaii.
She said a 2016 Hawaii street outreach survey showed a a fairly high number of youth were literally forced out of their home by their families at age 18.
“You’re an adult now. You’re on your own. These are children who haven’t learned skills for adult living, lack job skills and experience. Survival on the streets is hard.”
She said the pregnancy rate was close to 30% to 40%.
“It’s possible this young woman gave birth and had no family resources to turn to or may have had untreated mental health or substance abuse issues,” she said.
The infant safe haven law might not be as widely known in Hawaii as in other states since the state was close to last — 48th — in passing such a law. Despite a veto of the bill by Gov. Linda Lingle, the state House and Senate voted it into law in 2007. It is now law in all 50 states.
The Department of Human Services did not comment on this specific case, but said in a written response to the Star-Advertiser’s inquiry, “Generally, Child Welfare Services does not confirm or deny involvement with a family but when it is determined that a child is subject to imminent harm, the child can be taken into protective custody and temporary foster custody is assumed by the department.”
Daisy Hartsfield, administrator of the Social Services Division of the Child Welfare Branch under the Department of Human Services, said in a written statement: “The Child Welfare Services hotline is a source for assistance whenever there is a concern about a child’s safety and that includes situations where a parent may feel overwhelmed about caring for a child.
“CWS tries to maintain a child in the family home as long as a parent is willing to address the identified safety concerns.
“The holidays can be a stressful time for some and reaching out for support, including help from CWS, is encouraged and not something to be ashamed of.”
———
ON THE NET:
>> To see HRS Section 709-902(2), go to 808ne.ws/3RXI7mP.
Report abuse
To report suspected child abuse and/or neglect, call 888-380-3088. The hotline is available 24 hours a day, seven days a week.
