dissenting.
The majority has found problems that existed when Tyler was removed still exist in Renee and David’s home. At the termination hearing the following evidence was introduced. A psychological evaluation of the father, David, administered by the South Central Mental Health Center, Inc. of Oska-loosa, Iowa, dated 12-06-93, revealed the following:
[David] seemed fairly open in his discussion of his life and current dealings with Juvenile Court. Based on his presentation, use of vocabulary, and in response to the Incomplete Sentence — his general intelligence level is estimated as normal. Without pretense, [David] openly describes his disappointments from earlier life, his bad choices and current hopes about his new marriage and family. He has, ... been in trouble with his alcohol abuse. In response of losing his former wife and contact with the children, [David] admittedly dealt unwisely with the pain. However, he states that he soon came to his senses, found the inner strength to stop focusing on the pain and used that change of attitude to help bring control over the pattern of alcohol use.
[David], writes on the Incomplete Sentences, “I’m very happy to be alive,” and “My nerves are a lot better than they used to be.” Such statements seem to reflect his new sense of appreciation for his life. He speaks highly of his wife, Renee, and their infant daughter, Katie. It is my impression that [David] has the capacity and desire to provide a safe and nurturing home for his wife’s 3 year old son, [T.J.O.j. (Emphasis supplied).
A psychological evaluation of the mother, Renee, administered by the South Central Mental Health Center, Inc. of Oskaloosa, Iowa, dated 12-06-93, revealed the following:
By general conversation, vocabulary and her work completing the sentences, [Renee] seems of average intelligence. Her written responses were fairly insightful and generally of a positive tone. She talks openly about her background and the many hardships she experienced in her life. In the past she has often seen things as beyond her control. Likely she has found much of her past life disappointing. Drug use was a form of escape and rebellion (now behind her). She likely has felt misunderstood and unappreciated by others, finding it hard to trust other people. Presently, however, she is at a point in her life (based on recent period of stability) where she can write “My nerves are improving greatly.”
There is much from her past that she wants to put behind her, and wants others to do the same. In her mind she has paid for those mistakes and learned from them. Instead, she focuses more on the present moment. Her current daughter, 10 month old Katie, is tangible evidence of her parenting skills. Katie ivas in attendance during both of my contacts until Renee, and they seem to have a relaxed and open relationship. Katie was seen as generally quiet and cordial during the contacts. Efforts by the mother to dissuade Katie from playing with the electrical outlets were successful; Katie was easily coaxed into different, safer activities.
*423It is my impression, that Renee has the capacity and desire at this time to provide a safe and maturing environment for her children. (Emphasis supplied).
A report of an In-Home Family Therapist working for Children & Families of Iowa .and dated January 10, 1994, states the following:
Based on my tivo visits to ... [David and Renee’s] home ... it appears things are going better for David and Renee. They were married a few weeks ago and say their relationship is stable. Their infant daughter, Katy, appears to be a healthy, tvell adjusted one year old child. Renee demonstrated affection and proper supervision of Katy tuhile this worker was in the home and again at her mother’s home ... [David and Renee’s] residence ... is a small, modest two bedroom house, but it is very clean and well furnished.... Renee described the relationship she has with an elderly couple who live next door who have no children in the area. She takes Katy next door almost every day to see them. David ... has worked at the Raiser Rock Quarry since he left Centerville. David says he works a lot of overtime (often 70 hours per week in the summer). [David] says he needs the overtime to make ends meet because he has to pay so much child support for his four children from a previous marriage.
During the two hour supervised visit at Renee’s mother’s house on January 8, this worker observed Tyler’s relationship with his biological parents. [T.J.O.] has been in the ... foster home for approximately two and one-half years, so quite understandably, he is closely bonded to his foster parents. This is even more than usual the case with Tyler, because the ... foster home has been a very loving, nurturing home for Tyler. Tyler clung to his foster mother when she left him with Renee and David. Tyler quickly entered into play with toys and soon was enjoying himself playing with David and Renee. Tyler does not appear to have a child-parent bond to his parents but sees them enough, and the visits have been pleasant, so he enjoys very much playing there. Renee and her mother have also taught Tyler the family members, so Tyler knows David and Renee, his grandmother, and Michael, who is Renee’s oldest son who lives with her parents. The visit between Tyler and his parents was pleasant and he told his foster mother he had fun when she returned to pick him up. This visit was all in a play mode and thus no real test of how effective Renee and David would be in parenting Tyler after his two and a half years out of their home. It did demonstrate that David and Renee have affection for Tyler and knetu hotv to relate tuell to him during the visit. (Emphasis supplied).
When questioned, John Wagner, who works for the Department of Human Services, testified as follows:
Q. Focusing, if you would for a moment just on the circumstances that presently exist, have you any information regarding the home in tuhich David and Renee live ? A. Yes, sir.
Q. Would you please describe that home for the Court? A. That home is a single-family dwelling in ... Iowa. It is neatly kept, cleaned. When I was there in October of 1993, I saiv no visible signs that there ivere any — There wasn’t any situation that would be dangerous to an infant or a toddler. From what I saw of the home, there is ample space for a family of four, perhaps five. I did not see the backyard. I saw the front yard. It was an average size front yard.
Q. Is this the type of home that could accommodate, then, Tyler if he were placed back into the family? A. I believe the home environment i& — the house — the infrastructure and the house is certainly' — • would certainly accommodate another child in the home.
Q. You’ve visited places where Renee has lived in the past. Has she always been a good housekeeper? A. I visited Renee’s home here ... on several occasions, and I never say anything in the home that would indicate that it was cluttered, dirty, filthy. It was a very neatly kept home.
Q. Was Katie in the home when you visited last? A. Yes, she was.
*424Q. Did you observe any interaction between Katie and Renee at that time? A. Yes, I did.
Q. Would you be able to descnbe that as an affectionate relationship between mother and daughter? A. Yes, I would characterize it that way.
Q. A loving relationship? A. It appeared to be a loving relationship.
Q. Did Katie seem to be adequately cared for when you saiv her? A. Yes.
Q. Was she neat and clean? A. Oh, yes.
Q. The situation as it exists also includes the fact that David ... has noiv maintained employment for some period of time? A. Comet.
Q. And this would be a circumstance, wouldn’t it, that might be different now than it was at the time that Tyler was removed from the home? A. I believe that [David] was not full-time employed when Tyler was removed from the home.
Q. And so this ivould be different noiv and something that you ivould look at as a positive in the family setting? A. Yes, I think it’s positive in at least two ways. First of all, it does provide financial security, and I do believe that it does lend some stability to the home environment.
Q. So in terms of stability of the home environment, that circumstance now would be one that could be described as at least more stable than it was at the time that Tyler was removed from the home? A. Yes, I believe that is a fair characterization of the stability.
Q. And isn’t it also true that at the time Tyler was removed from the home, Renee was unmarried? A. That’s correct.
Q. And the economic situation wasn’t nearly as stable or as good as it is now? A. Yes, I believe that’s correct.
Q. In your visiting with Renee, you’ve had no cause to believe that you needed to report anything negative about her care of Katie, did you? A. No, sir.
Q. In your visits with Renee when you dropped in on her, ivas there any evidence to you that she was under the influence of any alcohol or drugs? A. No, sir. (Emphasis supplied).
I would find Renee and David have made substantial gains and are taking excellent care of a young child in their home. Termination severs Tyler’s relationship with his biological parents and sibling.
Tyler has bonded with his foster family, and they wish to adopt him. This causes me to want to affirm. But to terminate parental rights there must be clear and convincing evidence Tyler cannot be returned home. I do not find the state has met the required level of proof. I would reverse.