I'll bet that your Mom told you many times to get out of the sun. I'll also be willing to bet that when you were 2 and you were in a stroller during the day that your Mom checked on you frequently to make sure that nothing was wrong...that you weren't suffering ill effects from the sun and the heat. I know MY Mom was that type of parent...I'll bet yours was too.
Again...I think this post is taking on an argument it doesn't need to have. You've already stated that you don't want her prosecuted...the title of the thread is prosecutorial discretion...my concern is in her being prosecuted and/or her having her children taken away. I don't see you advocating that position...soooooo...what are we talking about again???