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Hawaii Baby Safe Haven bill on the table

By Ron Mizutani

An Oprah episode focused on the issue of newborn abandonment took center stage with a focus on Baby Safe Haven laws across the country.

47 states have passed such a law which allows immunity from prosecution for people who drop off their unharmed newborns at designated safe haven within 72-hours of birth, no questions asked. Hawaii is one of three states that have no such law.

Jessica Coleman sobs as she shares her story with the nation.

"I had bundled him and I had put him back in my closet in a black duffle bag."

Coleman was a teen mom from Ohio. Her newborn son was found dead in a duffle bag. She's now serving six years in prison.

"I'll never be able to forgive myself because I can never change what happened," said Coleman.

Coleman is not alone and is why many believe Safe Havens can provide options.

"It's important to note that three states do not have Safe Haven Laws yet -- that is Nebraska, Hawaii and Alaska -- perhaps after this show they will," said Oprah Winfrey.

"Very fortitudes -- that this show comes at this timing."

Representative John Mizuno says a Safe Haven bill is waiting for Governor Lingle's signature. A similar measure was vetoed in 2003 and he believes it will happen again.

"The Governor will veto this bill."

The Lingle administration has several concerns, including questions whether it will encourage parents to abandon babies rather than seeking help.

"One of the things that the Department of Human Services pointed out is that we have had no incidents in the state of Hawaii according to their records -- of children being left on door steps and dumpsters and bathrooms," said Linda Smith, Lingle’s Senior Policy advisor.

But there have been several incidents of newborns or fetuses left-behind. In 1995, two men discovered a baby wrapped in white blanket in shoe box on Tantalus.

In 2001 another disturbing case.

"The Kauai mother 22 years old had place the baby in a rice sack in a trash can behind the house so again -- the baby died – suffocated," said Rep. Mizuno.

Autopsy results indicate the baby who was born full-term, may have been suffocated. Christine Robles was sentenced to six-months in prison

Then in 2005, a fetus wrapped in a shirt was found buried in a shallow grave at a Kalihi home.

“So what Linda Smith says is very far from the truth," said Mizuno.

“Our culture norms are different other states in the mainland -- where we have the wonderful system of hanai," said Smith.

"To say that we shouldn't be covered we're different than the mainland --- I'm perplexed by that comment," said Mizuno. "The most important thing is at that point --- if a parent or parents lack clarity they have an option."

Lingle has until June 25th to indicate whether she is considering vetoing any bill and until July 10th to take final action.

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