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In re A.C.

Court of Appeal of Iowa

November 6, 2013

IN THE INTEREST OF A.C., Minor Child, C.C, Father, Appellant

Appeal from the Iowa District Court for Cherokee County, Mary L. Timko, Associate Juvenile Judge.

A father appeals the juvenile court order adjudicating his child in need of assistance.

Lisa Mazurek, Cherokee, for appellant.

Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Ryan Kolpin, County Attorney, and Kristal Phillips, Assistant County Attorney, for appellee.

Marvin Miller, Cherokee, for mother.

Lesley Rynell, Sioux City, attorney and guardian ad litem for minor child.

Considered by Potterfield, P.J., and Mullins and Bower, JJ.

BOWER, J.

C.C. appeals the district court order adjudicating his child in need of assistance. C.C. argues the district court erred in admitting several exhibits into evidence. We affirm.

I. Background Facts and Proceedings

A.C. was adjudicated a child in need of assistance (CINA) on April 11, 2013. The issue presented in this appeal is whether certain exhibits should have been admitted at the hearing.

The court set an April 2, 2013 deadline for the exchange of witness and exhibit lists. The State electronically filed their exhibit list at 4:40 p.m. on April 2, 2013.[1] Because the clerk's office closed at 4:30 p.m. on that date, C.C. did not receive notice of the filing until the following day. He argues it was therefore impossible for him to timely file a responsive witness list or issue subpoenas.

When the adjudication hearing was held on April 9, 2013, the State sought to introduce the exhibits previously disclosed without calling any witnesses. C.C. objected to the admission of the exhibits due to the lack of foundation. After a short ...


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