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R.S. v. KNIGHTON

125 N.J. 79 (1991)

592 A.2d 1157

R.S., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR K.S., JR., AND S.S., MINORS, INDIVIDUALLY, JOINTLY AND SEVERALLY AND K.S., SR., INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ROBERT KNIGHTON AND NANCY KNIGHTON, T/A TOTS 'N TODDLERS DAY CARE CENTER; DIVISION OF YOUTH AND FAMILY SERVICES OF THE DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY; JEFFREY DENBO, INDIVIDUALLY AND AS AN EMPLOYEE OF THE DIVISION OF YOUTH AND FAMILY SERVICES; JANE DOE, A FICTITIOUS EMPLOYEE OF THE DIVISION OF YOUTH AND FAMILY SERVICES AND JOHN DOE, A FICTITIOUS EMPLOYEE OF THE DIVISION OF YOUTH AND FAMILY SERVICES; R.L.N., INC., T/A TOTS 'N TODDLERS DAY CARE CENTER, INDIVIDUALLY, JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS. J.C., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR J.W.C., MINOR, INDIVIDUALLY, AND M.C., INDIVIDUALLY; T.B., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR M.B., MINOR, INDIVIDUALLY, AND C.B., INDIVIDUALLY; C.G., INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR A.G., MINOR, INDIVIDUALLY, AND T.G., INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. ROBERT KNIGHTON AND NANCY KNIGHTON, T/A TOTS 'N TODDLERS DAY CARE CENTER; DIVISION OF YOUTH AND FAMILY SERVICES OF THE DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY; JEFFREY DENBO, INDIVIDUALLY AND AS AN EMPLOYEE OF THE DIVISION OF YOUTH AND FAMILY SERVICES; JANE DOE, A FICTITIOUS EMPLOYEE OF THE DIVISION OF YOUTH AND FAMILY SERVICES; JOHN DOE, A FICTITIOUS EMPLOYEE OF THE DIVISION OF YOUTH AND FAMILY SERVICES; R.L.N., INC., T/A TOTS 'N TODDLERS DAY CARE CENTER, INDIVIDUALLY, JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 23, 1991.

Attorney(s) appearing for the Case

John W. Trimble argued the cause for appellants.

Frank M. Spina, II, argued the cause for respondents Robert Knighton and Nancy Knighton, t/a Tots 'N Toddlers Day Care Center, and R.L.N., Inc., t/a Tots 'N Toddlers Day Care Center (A. Charles Peruto, Jr., attorney).

Jacqueline DiGregorio, Deputy Attorney General, argued the cause for respondents Division of Youth and Family Services and Jeffrey Denbo (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel).

The opinion of the Court was delivered by STEIN, J.

In this appeal we consider significant evidentiary issues pertaining to the admissibility of out-of-court statements made by child victims of sexual abuse. The issues presented are whether the trial court properly declined to admit the children's out-of-court accounts to several mental-health professionals of incidents of sexual abuse under either the so-called "medical-treatment exception," Evidence Rule...

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