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IN THE COURT OF APPEALS OF IOWA No. 6-941 / 06-1591 Filed December 28, 2006 IN THE INTEREST OF K.R.H., Minor Child, K.K.H., Father, Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.

A father appeals from the adjudicatory and dispositional orders concerning one of his children. AFFIRMED.

Leanne M. Striegel, Des Moines, for appellant-father. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Gary Kendell, County Attorney, and Jane Orlanes, Assistant County Attorney, for appellee-State. Cynthia Lange of Marberry Law Firm, Des Moines, for appellee-mother. Christine Milligan-Ciha, Clive, guardian ad litem for minor child.

Considered by Sackett, C.J., and Zimmer and Eisenhauer, JJ.

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SACKETT, C.J. Kelly, the father of eleven-year-old Kelsey, appeals from the juvenile court's adjudicatory order finding her to be a child in need of assistance and the dispositional order for the continued involvement of the Department of Human Services. He contends there is not clear and convincing evidence to support the statutory grounds for adjudication and the court abused its discretion in allowing certain testimony. We affirm. I. Background In late March of 2006, the Department of Human Services received information that Kelly uses marijuana in front of his children several times a day. The department received information in early April that Kelly admitted using methamphetamine, smoking marijuana in his children's presence, and buying methamphetamine. The department requested that Kelly submit to drug testing. He did not come for testing until two days after the request. The diluted sample tested positive for marijuana. The department issued a founded child abuse report naming Kelly as the perpetrator for failure to supervise Kelsey. The State petitioned to have Kelsey found to be a child in need of assistance. Following a hearing on June 28 and July 27, the juvenile court found Kelsey to be in need of assistance. Specifically, the court found: There is clear and convincing evidence of the father's regular use of marijuana; Susan . . . the father's paramour, who is a member of the household in which the child resides, has admitted using methamphetamine and tested positive for methamphetamine on June 22, 2006; father has history of substance abuse and has admitted to use of illegal drugs; history of diluted U.A. tests and delay in providing test samples by father and paramour; in a pending juvenile case Susan . . . is not permitted unsupervised visits with her children due to her drug abuse.

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The court allowed Kelsey to remain with her father. After a dispositional hearing in September, the court continued Kelsey's placement with her father, but ordered that she not be left unsupervised with Susan. II. Scope of review Appellate review of child-in-need-of-assistance proceedings is de novo. Iowa R. App. P. 6.4; In re K.N., 625 N .W.2d 731, 733 (Iowa 2001). We give weight to the findings of the juvenile court, especially when considering the credibility of witnesses, but are not bound by those findings. In re L.L., 459 N.W.2d 489, 493 (Iowa 1990). The State has the burden of proving the allegations by clear and convincing evidence. Iowa Code

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