In Re David C.

Appellants, Ismael C. and Gloria Y., appeal from an order of the Merced County Superior Court declaring their son, David C., free from their custody and control pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7).

On October 9, 1981, respondent, Merced County Department of Human Resources (DHR) filed a petition to declare David C. free from his parents’ custody and control. The petition alleged, among other things, that David C., born in July 1975, was declared a dependent of the juvenile court on September 30, 1976, because he was suffering from “chronic malnutrition.” The petition also alleged that the natural parents of David C. had been deprived of custody of the minor for a period of one year prior to the filing of the petition. The petition asserted that David C. had been placed in foster homes continually since July 17, 1979, a period in excess of two years. Finally, the petition alleged that the return of David C. to his parents would be detrimental to him, and the parents “have failed since July 17, 1979, and are likely to fail in the future, to do the following: “1. provide a home for the minor, 2. provide care and control for the minor, and 3.…