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IN RE J.D.H.

No. 100,558.

130 P.3d 245 (2006)

2006 OK 5

In the Matter of J.D.H., J.H., K.M.H., and W.E.L., Alleged Deprived Children. Irene D.H., Natural Mother, Appellant, v. The State of Oklahoma, Appellee.

Supreme Court of Oklahoma.

January 24, 2006.

Attorney(s) appearing for the Case

Julie McMahon, Assistant Public Defender, Tulsa, OK, for Minor Children.

David C. Morse, Tulsa, OK, for Appellant.

Tim Harris, District Attorney, and Tara Britt, Assistant District Attorney, Tulsa, OK, for the State of Oklahoma.

¶ 0 In adjudicating four minor children as deprived, the trial court admitted testimony by a therapist repeating statements made by one of the children. The Court of Civil Appeals, Division II, held that the testimony did not qualify for the "medical diagnosis or treatment" exception to the hearsay rule, 12 O.S. Supp.2005 § 2803(4), and that there was no evidence to support the deprived adjudication of the youngest two...

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