State in the Interest of S.M

In State in the Interest of S.M., 284 N.J. Super. 611, 620, 666 A.2d 177 (App.Div.1995), five factors are listed for use by a judge in assessing the out-of-court statement: (1) the circumstances under which the same statement was made to the parent; (2) its spontaneity; (3) the mental state of the declarant; (4) the terminology attributed to the declarant; (5) the declarant's lack of motive to fabricate. These factors are not meant to be discrete, but should be applied together in forming an overall determination of trustworthiness.