I agree that they have to treat it as a homicide because the 5 year-old says that she did it on purpose. It is really messed up because it does meet the definition of first degree murder, but then, the “murderer” is only 5 and not able to comprehend the consequences of their actions, in that death is final.
Sorry, I think this not being able to know death is final at 5 is a bunch of bunk. My kids understood death long before 5. I just questioned my 5 year old girl, in general, about when something dies what happens. She knows it’s final—that people and animals aren’t coming back. My kids aren’t geniuses—just average kids. Unless the girl is mentally challenged, she knows what death is. Now, what to do about her is the challenge. She can’t be treated like an adult so I’m not sure what you do with her. I doubt the government knows either.