HONOLULU -- The state child protection agency is under fire for giving newborn drug babies back to their mothers.

One drug-exposed baby boy died one day after being sent home with his family.

The director of the department defended the policy. Human Services Director Lillian Koller says if Child Protective Services took custody of every newborn baby who tests positive for drugs, the state would be breaking the law.

Two-day-old Treyson Aiwohi died two years ago this week-- apparently after breastfeeding from a mother with toxic levels of methamphetamine in her system.

Tests at Kaiser Hospital showed he had meth in his system, but child protection social workers let him go home with his family anyway.

"It's just so horrible when a child like that dies and it forces you to look at and re-examine what you are doing in your system," Koller said.

Koller said about 17 newborn babies test positive for drugs every month in Hawaii and 80 percent are immediately put in foster care.

But 20 percent -- three to four a month -- are returned to the families when social workers decide it is safe.

State lawmakers say that's probably too many.

"I'm really surprised that they are returned," said Rep. Dennis Arakaki. "Like I said, I think it's definitely an indicator of a problem. It's definitely an indicator that the child is at risk."

But Koller said the law requires an objective effort to determine if families can stay together.

"If we were to say, 'Oh well, wink-blink, we'll just make it 100 percent,' that would be us misusing our assessment tool," Koller said. "We adopted this objective tool because that is how they do it in every state."

Koller said in addition to the pressure to keep newborns with their moms, there is another issue.

"It's very costly to remove children from homes," she said.

Koller said if the Legislature orders her to take all drug babies into protective custody, it will also have to give her more money.