HONOLULU -- KITV4 News has learned that state social workers decided it was safe to send a drug-exposed baby home with his mother. That baby died a day later from toxic levels of crystal methamphetamine.

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The medical examiner declared 2-day-old Treyson Aiwohi's death a homicide due to an overdose of crystal methamphetamine.

Judging from his gravestone, Aiwohi was loved by his family even though he only lived two days, July 15, 2001 to July 17, 2001.

When he was born at Kaiser hospital doctors called Child Protective Services when crystal methamphetamine showed up in Aiwohi's system.

"If we suspect it, then we ask the mother if we can administer a drug test. If she refuses then we do tell her that when her baby is born we will test the baby," Kaiser spokeswoman Jan Kegehiro said.

The state does not automatically take custody of drug babies. Social workers decide whether it's safe for the baby to go home and often decide to let them go even when the test prove the mother exposed the baby before birth.

The state Human Services director said the law puts the social workers in a tough spot.

"There is a balance here. The safety… we want to protect the child, but also protect them from the harm of removing them from a family who can provide for that child's needs," Human Services Director Lillian Koller said.

When a drug baby is born social workers first determine the parents' attitude, their willingness to cooperate, the doctor's opinion about the baby's health and prenatal care. They also assess the home situation and whether there are other family members able to support the family.

They then get the family to sign a written voluntary services agreement in which they agree to seek treatment, accept drug tests and social worker visits. If they refuse, all their children could be taken.

At Kaiser hospital, the social workers had just 24 hours and decided not to take Aiwohi into protective custody.

"If the baby is not taken into custody, and the mother wants to take the baby home it is her right to do that and there is nothing the doctor can do about that?" KITV 4 News reporter Daryl Huff asked.

"Nope. No," Kegehiro said.

Aiwohi went home and four hours after breastfeeding, he died. His mother told investigators she'd used ice the day he was born and the day he came home.

Prosecutors are still trying to decide whether they can charge Aiwohi's mother in his death. KITV 4 News was told she has done well in drug treatment and still has custody of her other children.