HOUSE OF REPRESENTATIVES	H.C.R. NO.	284
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGING THE DEPARTMENT OF HUMAN SERVICES TO REPORT ON THEIR WORK TO ENSURE PROTECTION FOR NEWBORNS SUBSEQUENT TO THE PASSAGE OF ACT 7 OF THE 2007 SPECIAL SESSION AND TO CONDUCT A FEASIBILITY STUDY ON IMPROVING HAWAII'S BABY SAFE HAVEN LAW TO DETERMINE BEST PRACTICES FOR A SAFE SURRENDER BY REVIEWING BABY SAFE HAVEN LAWS IN OTHER STATES.

     WHEREAS, under Section 587D-2 of the Hawaii Revised Statutes, a person may leave a newborn child with the personnel of a hospital, fire station, or police station or emergency services personnel without being subject to prosecution for abandonment of a child so long as the newborn child is presented unharmed and was born within seventy-two hours of being left at the hospital, fire station, police station, or with emergency services personnel; and

     WHEREAS, nothing under chapter 587D of Hawaii Revised Statutes repeals the Kidnapping sections of Hawaii's Criminal Code, Hawaii Revised Statutes 707-720 nor Hawaii Revised Statutes 707-726 relating to Custodial Interference; and

     WHEREAS, under chapter 587D of the Hawaii Revised Statutes, a person can safely surrender an unharmed newborn child anonymously subject to the many requirements under said chapter; and

     WHEREAS, in February of this year, a person left an infant outside of Presbyterian/St. Luke Medical Center in Denver, Colorado, leaving the premises before any medical center personnel could identify the person leaving the infant or the health status of the infant, making it difficult for law enforcement authorities as the infant died shortly after being taken inside the medical center; and

     WHEREAS, our baby safe haven law was intended to provide a means for individuals to safely relinquish newborns in cases where a person determines that they will be unable to care for the newborn; and

     WHEREAS, Colorado has a Baby Safe Haven law that appears to be similar to Hawaii's; and

     WHEREAS, in the numerous instances of floor debate in the Hawaii State Legislature leading up to the passage of the Baby Safe Haven Law as Act 7 of the 2007 Special Session, the identity of the newborn and the parent and the value of that information for medical history and heritage purposes was acknowledged as important, although the opportunity to allow a newborn to be surrendered at a baby safe haven in lieu of being abandoned to die was determined to be of primary importance by the 2007 Legislature; and

     WHEREAS, a requirement of presenting identification of the newborn and the person leaving the newborn at the baby safe haven may not prove to be a disincentive to those truly surrendering a newborn at a baby safe haven due to the perceived inability to care for the newborn; and

WHEREAS, because the ability to discern health and genetic information through identification of the newborn and, if a parent, the person surrendering the newborn at a baby safe haven, would increase the possibility of the better quality of life should medical issues arise; and

     WHEREAS, the recent Colorado case may demonstrate the need to review the best practices of other states baby safe haven laws; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Department of Human Services is strongly urged to conduct a feasibility study on improving Hawaii's Baby Safe Haven law by reviewing the best practices for the newborn and to report any activity on implementing Act 7 of 2007 Special session and when such action was taken and by which branch; and

     BE IT FURTHER RESOLVED that the study also include the possibility of seeking federal funding for Hawaii's Baby Safe Haven law and reviewing baby safe haven laws in other states; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of the Department of Human Services, the Chair and Vice Chair of the House and Senate Committees on Health and Human Services and Housing.

Report Title: 

Best practices; Baby Safe Haven; study