State v. Edward Charles L
In State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990), statements regarding sexual abuse by the child victims' father were made by the children to a psychologist who was treating them.
The children told the psychologist about their father's sexual behavior and the sexual abuse which had been inflicted upon them.
The circuit court permitted the psychologist to repeat the children's statements at trial, and Edward Charles L. appealed. On appeal, this Court affirmed by adopting the two-part test set forth above and stating "that not only was the motive behind the statements made by the children consistent with promoting treatment, . . . but also, the statements were such that they would have been reasonably relied upon by [the psychologist] in his diagnosis and treatment of the children." Id., 183 W. Va. at 654, 398 S.E.2d at 136.