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IN THE COURT OF APPEALS OF IOWA No. 6-938 / 06-1589 Filed December 28, 2006 IN THE INTEREST OF K.K.C., Minor Child, C.N., Mother, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Cass County, Mark J. Eveloff (adjudication) and Kathleen A. Kilnoski (disposition), District Associate Judges.

A mother appeals from a juvenile court order adjudicating her child to be a child in need of assistance. AFFIRMED.

Patrick A. Sondag, Council Bluffs, for appellant-mother. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, and Daniel Feistner, County Attorney, for appellee. David Larson of Hanson & Sulhoff, Avoca, for father. Andrew Knuth, Atlantic, guardian ad litem for minor child.

Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.

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MILLER, J. A mother appeals from a juvenile court order adjudicating her child to be a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(d) (2005) (child who has been, or is imminently likely to be, sexually abused by a member of the household in which the child resides). We affirm. Crystal is the mother of Kaylee, born in early 2002, and Ali, born in mid2005. Kaylee's father is Jarrod, and Ali's father is Nolan. Nolan was

incarcerated during the juvenile court proceedings in this case. Crystal and Jarrod lived together after Kaylee's birth, but separated when Kaylee was about one and one-half years of age, approximately mid-2003. At some subsequent time Crystal and Ehren began cohabiting. Crystal and Jarrod shared Kaylee's physical care, exchanging her each two weeks. In early

November 2005 the Iowa Department of Human Services (DHS) conducted a child abuse investigation after Kaylee, during a two-week period with Jarrod, told Jarrod and his girlfriend, Heidi, that Ehren had sexually abused her. The DHS investigation led to a "founded" report of sexual abuse by Ehren. The State filed a petition alleging Kaylee was a CINA. It later filed a petition alleging Ali was a CINA. Following a June 6, 2006 hearing the juvenile court filed its ruling in August. It found that Crystal had abided by

recommendations and orders that there be no contact between Ehren and Kaylee and Ehren and Ali. It found the State had not proved Ali was a CINA and dismissed the petition as to her. It found the State had proved the allegations concerning Kaylee, and adjudicated her a CINA pursuant to Iowa Code section 232.12(6)(d).

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In a late September dispositional order the juvenile court found that Crystal had recently given birth to another child, fathered by Ehren. It ordered that Kaylee remain in the custody of Jarrod, in whose custody she had been since November 2005, subject to supervision by the DHS and visits with Crystal at the discretion of the DHS. Crystal appeals, seeking reversal of the juvenile court order adjudicating Kaylee a CINA. Our review of an action arising from CINA proceedings is de novo. Iowa R. App. P. 6.4; In re B.B., 598 N.W.2d 312, 315 (Iowa Ct. App. 1999). Of

paramount concern is the welfare and best interest of the child. In re A.D.L., 497 N.W.2d 178, 180 (Iowa Ct. App. 1992). We give weight to the fact findings of the juvenile court, especially when considering the credibility of the witnesses, but we are not bound by such findings. Iowa R. App. P. 6.14(6)(g); In re B.B., 598 N.W.2d at 315. The State has the burden of proving the allegations in the CINA petition by clear and convincing evidence. Iowa Code

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