Legal Commentary

Randall Harris, senior deputy counsel for Los Angeles County, says its time for the law to catch up with reality: Many youngsters (and parents) are homeless, but not disconnected ? they can be easily reached via cellphones.

"[A] large percentage of homeless people have cell phones, smartphones, e-mail addresses ? and even blogs. As mobile phones and e-mail become less expensive and more accessible, so too must the law and policy evolve," he argues. 

"Providing proper 'due process' notice to parties in the Los Angeles Superior Court?s Juvenile Dependency Court is a challenge as complex as the litigants themselves. By requiring service of process through mail or publication (see California Welfare and Institutions Code §§ 290 et seq), the legislature fails to account for the high rate of poverty and homelessness prevalent among parties in dependency," says Harris, in his thoughtful analysis of the applicable laws. "It also fails to recognize that technology can help service of process be delivered in new, more efficient ways."

Harris advocates for a change in court rules, to allow the use of e-mail for notification of hearings in child dependency matters.  "The law should be modernized to keep pace with technology and the wireless reality of the 21st century. Having no physical address should no longer be a barrier to receiving due process," he argues, in "The Case for Providing Electronic Notice in Child Welfare Proceedings."