JACKSONVILLE, Fla. — A new report says a 1-year-old Jacksonville boy had cocaine and fentanyl in his system before he died.
According to the Florida Department of Children and Families’ Child Fatality Summary, the 1-year-old was napping with his mom on March 25, 2019.
She told investigators she woke up two hours later and found him unresponsive on the bed next to her, blue and not breathing.
The report says fire rescue took the child to Wolfson Children's Hospital, where he died three days later.
The medical examiner report reveals a blood sample taken before any medication was administered at the hospital tested positive for fentanyl and cocaine.
The report listed his manner of death an accident from probable ingestion of drugs.
Action News Jax asked the Jacksonville Sheriff’s Office on Friday if anyone was facing charges in connection with his death.
A spokesperson said the case has been closed, and the investigation that led to it has been cleared as “accidental/non criminal.”
That's despite the DCF report saying their medical director concluded "there was evidence of neglect by the parents."
The report also says DCF found "verified indicators of death due to inadequate supervision and substance misuse by the mother and father."
Local defense attorney Chris Carson said law enforcement may not have had enough evidence to press charges.
“When law enforcement is looking at a case like this, they have to look not only to what they see right in front of them, but also what is going to happen down the road in terms of their ability to have sufficient evidence for an arrest and ultimately a conviction,” he said. "Can they prove that they did something intentional or negligent that rises to the level where some sort of criminal liability would attach?"
The DCF report says the parents have two other children.
Action News Jax asked JSO who made the decision to close the case without an arrest.
The spokesperson said, “The investigating detective and the state attorney work together to determine the final outcome of the case."
Action News Jax contacted the state attorney’s office for comment Friday. We are still waiting to hear back.
We also contacted the boy’s family. An attorney representing them said they have no comment at this time.
Editor’s note: Action News Jax chose not to name the boy or his parents because they are not facing charges in his death.
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