Hearsay Admitted Under "Tender Years" Exception Found Not to Violate Confrontation Clause

The New Jersey Supreme Court recently decided State v. Coder, a matter exploring whether a young child victim's statement, found admissible under the "tender years" exception to the hearsay rule was nonetheless barred under the Confrontation Clause. The decision may be found at http://www.judiciary.state.nj.us/opinions/supreme/A-28-08%20State%20v%20Terry%20Coder.pdf
In this case, the victim told her mother, moments after the event, that the landlord had touched her in her private areas. The child later could not even remember the event, which occurred when she was three years old. The Supreme Court ultimately concluded that there was no Confrontation Clause problem because the child's statement was not "testimonial," that is, the statement was not made within the law enforcement investigative process. Rather it was made outside of this process and before even an investigation began.