PORT EVERGLADES, FLA. (WSVN) – Prosecutors have declined to file a child neglect charge against a mother whose 5-year-old daughter fell overboard a Disney cruise ship in June while the vessel was traveling back to Port Everglades, according to officials.

The Broward State Attorney’s Office reviewed the case, which involved a June 29 incident aboard the Disney Dream as it traveled northwest from the Bahamas toward Fort Lauderdale.

Investigators said the child fell about 49 feet from the ship’s fourth deck into the ocean after climbing onto a railing while her mother was taking photos.

The child’s father, who was walking ahead at the time, jumped into the water to rescue her after hearing his wife scream.

Crew members quickly initiated the ship’s “man overboard” protocol, deploying life rings, turning the ship, and launching a rescue boat that recovered the pair within minutes, according to investigative reports.

The 5-year-old was treated for mild hypothermia and minor lactic acidosis at the ship’s medical center and later released from Broward Health Medical Center with no injuries.

Her father suffered hypothermia and two spinal fractures from the jump.

Investigators said the mother told deputies she believed a glass barrier was present between the railing and the water, similar to other areas of the ship where she had taken photos. She immediately called for help once realizing her daughter had fallen.

In declining the child neglect charge, prosecutors said they found the mother’s actions did not rise to the level of “culpable negligence,” noting that the incident appeared accidental and isolated.

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