In Re David E.

Richard E. appeals the judgment declaring his children David, born November 18, 1966, and Daniel, bom October 22, 1968, free from his custody and control under Civil Code section 232, subdivision (a)(7).

The boys were declared dependent children of the juvenile court on July 12, 1974, and have been in foster home placement since July 19, 1974. At the time of the present hearing the father was in county jail, having threatened the boys’ foster mother with a toy pistol. Before that incident he had been convicted at various times of possessing narcotics, committing lewd and lascivious acts on a minor under the age of 14, and robbery. Medical records show E. had been hospitalized with: “schizophrenic reaction—acute undifferentiated,” in connection with indecent acts committed upon a child; and with personality disorder, anti-social personality and chronic alcoholism.

Neither boy wished to live with his father and each described life with him as one of abuse and neglect. There was expert opinion that E. could not give the children proper parental guidance and care, he was unable to stay out of trouble and, at age 43, would not change.

At the time of the trial, Civil Code…