Oregon Court updates standards for temporary child custody orders in HB 2613

On April 2, 2025, the Oregon State Legislature introduced House Bill 2613, a significant piece of legislation aimed at reforming the process surrounding temporary custody orders in cases involving children. The bill seeks to address concerns regarding the immediate safety of children in potentially harmful situations while ensuring that due process is upheld for all parties involved.

The primary purpose of HB 2613 is to clarify the criteria under which courts can issue temporary protective orders and custody arrangements. It stipulates that a court may grant such orders only if a parent presents clear and convincing evidence that a child is in immediate danger. This includes risks of physical harm, severe psychological damage, or other serious threats, but explicitly excludes factors like homelessness or poverty from being considered as indicators of danger.

Key provisions of the bill include the requirement for parents to make a good faith effort to notify the other party before seeking a temporary order, and the establishment of a streamlined process for requesting hearings to contest these orders. The bill also mandates that courts must continue protective orders unless the party who obtained them fails to appear at the hearing without good cause.

The introduction of HB 2613 has sparked notable debates among lawmakers and advocacy groups. Proponents argue that the bill strengthens protections for children by ensuring that only legitimate threats are considered when determining custody. They emphasize the importance of safeguarding children from immediate harm while also protecting the rights of parents. Conversely, critics express concern that the bill may inadvertently create barriers for parents who are genuinely seeking help for their children, particularly in cases where the danger may not be immediately apparent.

The implications of HB 2613 extend beyond legal procedures; they touch on broader social issues, including the intersection of child welfare and socioeconomic factors. Experts suggest that while the bill aims to protect children, it must also be mindful of the challenges faced by families in distress, ensuring that support systems are in place for those who may be struggling.

As the legislative process unfolds, the future of HB 2613 remains uncertain. Lawmakers will need to navigate the complexities of child welfare, parental rights, and the societal factors that contribute to family crises. The outcome of this bill could set a precedent for how Oregon courts handle custody cases, potentially influencing similar legislation in other states. As discussions continue, stakeholders from various sectors will be watching closely to see how the balance between child safety and parental rights is ultimately struck.