The Brooklyn district attorney's office on Monday announced it has declined to prosecute the mother of an 11-month-old boy who apparently drowned in the bathtub.

A spokesman with the Brooklyn district attorney's office says while the death of Elijah Pardella was tragic and accidental, it doesn't rise to a level of criminality.

Investigators say officers were called to an apartment located at 148 Pennsylvania Avenue in East New York just after 3 p.m. Sunday and found the 11-month-old unresponsive.

Sources say his mother, Angelica Huertas, 24, was giving him and another child a bath.

She walked out of the room and when she returned, he was under the water.

He was taken to Brookdale Hospital where he was pronounced dead.