The state of Florida has declined to charge the mother of a 5-year-old girl with neglect after her daughter fell overboard off a Disney Cruise in June, according to documents obtained by PEOPLE.
On Sunday, June 29, a little girl went overboard while the Disney Dream cruise ship was returning to Fort Lauderdale, Fla., after a four-night voyage to the Bahamas. After falling backwards 49 feet into the ocean, the girl’s father jumped in after her. Luckily, both family members were pulled from the water by Disney rescue crews who transported the guests back to the ship.
In a recently released police report from Florida’s Broward County Sheriff’s Office obtained by PEOPLE, investigators claimed the child’s mother had encouraged the 5-year-old to take a photo in front of an open porthole.
The mom allegedly “pointed to the port hole railing and the daughter climbed on the railing and sat down. The daughter lost her balance and fell backward off the railing into the ocean,” according to the police report.
As a result of the incident, the girl presented symptoms of mild hypothermia and minor lactic acidosis. She was kept in the vessel’s medical center for nine hours. The father, who was later treated at Broward Health Medical Center, sustained two spinal fractures and a build up of lactic acid.
According to investigators, the mother said she believed there was a covering for the opening behind the 47-inch-tall railing.
The mother “stated that she felt like there should be covering on the windows and cited that Disney is responsible for what had occurred,” detective Christopher Favitta wrote.
Following the sheriff office’s investigation, the department sent the case to the Broward County State Attorney’s Office for review. In a memo dated July 31, assistant state attorney in charge Melissa Kelly declined to charge the mother with one count of child neglect.
“While the defendant’s conduct is arguably negligent and irresponsible, it does not rise to the egregious level of conduct necessary to establish criminal culpable negligence,” Kelly wrote. “Therefore, in light of the facts of this case along with the relevant case law, I am declining one count of child neglect without great bodily harm.”
Kelly added that the mother “believed that there was some sort of protective barrier between the railing and the water,” and the incident was “merely accidental.”
“The [mother] was supervising the victim, and while her conduct of allowing her child on the railing was negligent, it does not rise to the standard of culpable negligence or utter disregard for the safety of her child,” Kelly said. “Parents and caregivers of children are not held to a standard of perfection under the law.”
Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.
At the time of the incident, a spokesperson for Disney confirmed the rescue of two passengers and praised “crew members for their exceptional skills and prompt actions, which ensure the safe return of both guests to the ship within minutes.” A representative has not replied to PEOPLE’s subsequent requests for comment.
Why Mom of Girl Who Fell Overboard on Disney Cruise Won’t Be Charged
