Mom not charged with neglect after girl falls 50 feet overboard Disney Dream

ORLANDO, Fla. - The mother whose daughter fell overboard a Disney Cruise Line ship in June will not be charged with neglect. 

In a July 31 memo, Broward Assistant State Attorney Melissa Kelly did not charge the girl's mother with one count of child neglect of great bodily harm after her five-year-old daughter fell overboard the Disney Dream while the ship was traveling from the Bahamas to Port Everglades on June 29. 

The memo provided a timeline of the events leading up to the girl falling into the water and the investigation following. 

Mom won't be charged with neglect

What we know:

Here are new details learned. 

Under Florida law, neglect of a child is defined as failure to provide a child with care, supervision and services necessary to maintain a child's physical and mental health. According to statements from the mother, the mom – who said she had taken numerous photos in front of other windows and portholes on the ship earlier in the trip – assumed the porthole had a Plexi-glass like barrier. The portholes were not guarded by any material on the floor of the incident, Kelly said in the memo. 

When she realized her daughter was in the water, she immediately called for help, the memo said. 

"While the Defendant was irresponsible, her act of facilitating the victim's position on the railing was an isolated incident that resulted from a momentary lapse in proper judgment and unawareness of surrounding circumstances," Kelly said. "The child did not sustain any injuries and the Defendant immediately acquired help to rescue her daughter." 

The mom also denied having any previous allegations of child abuse. The memo also said the girl had previously taken swim lessons, but she could not swim. 

Girl was too small to trigger the sensor; father triggered it

When the girl fell overboard, her body was too small to trigger the Man Overboard ship sensors, the prosector said. The girl's father, who did not see the incident but heard the mother's screams, jumped overboard to rescue his daughter. The man triggered the Man Overboard sensors, the memo said. He found his daughter in the water and held onto her until they were rescued, Kelly said. 

Child, dad fell 49 feet, equal to about 4 cruise ship decks into the water

The family was on Deck 4 of the ship – 49.3 feet from the surface of the water. The girl had mild hypothermia, minor lactic acidosis – an excessive buildup of lactic acid in the blood – and no injuries, according to information in the memo from Broward Health Medical Center. The father had hypothermia, lactic acidosis and two spinal fractures. 

This was the family’s first cruise

According to the report, the family had told officers that this was their first cruise. 

Timeline:

11:30 a.m. — The mom was taking pictures of her daughter on a cell phone when the girl climbed onto the 44-inch railing, sat down to face her mom and then lost her balance and fell overboard.

Seconds later: The father jumped in after his daughter — initiating a Man Overboard protocol — which was broadcast over the ship's communication system.

11:37 a.m.  — A mayday call was initiated, and a rescue boat was launched three minutes later.

11:49 a.m.  — The father and daughter were rescued from the water.

11:59 a.m.  — The father and daughter were taken to the ship's medical center and observed for nine hours, until transported to Broward Health Medical Center in Fort Lauderdale.