Families Deserve to Know Act

Timely Information for Families: The bill establishes strict timelines for notifications, such as notifying next-of-kin of a death within 12 hours (Section 2(c)(1)(A)) or of a serious injury/illness within 12 to 24 hours depending on the circumstances (Section 2(c)(1)(B)). This ensures families are not left in the dark during emergencies.

Respect for Personal Preferences: Individuals in custody can specify if they want a faith leader involved in the notification process and provide preferences for the order of contact notification (Section 2(b)(1)).

Medical Decision-Making Support: The Act allows individuals to provide information regarding medical proxies, advance directives, or do not resuscitate orders, ensuring their medical wishes are addressed during serious medical events (Section s 2(b)(1)(D) and Section 2(c)(8)(A)).

Language and Accessibility: To ensure people understand the process, the bill requires that all requests, forms, and disclosures be provided in a language the individual understands, with interpretation services provided as a necessity (Section 2(b)(3)).

Accountability for Facilities: The bill creates high stakes for detention facilities by requiring that any contract or service agreement include compliance with this Act as a material term, with failure resulting in civil penalties or contract termination (Section 3(b)(2)).

Legal Redress for Families: The Act provides a way for families to seek justice through civil actions, allowing them to sue for actual or statutory damages of at least $100,000 if a required notification is not made (Section 6(a) and Section 6(b)(1)).

Restrictions on Information Sharing: A notification may be delayed if the Secretary of Homeland Security determines it presents a threat to public safety, interferes with a criminal investigation, or places the individual at risk of serious harm (Section 2(e)).

Limits on Information in Voicemails: The bill establishes that there are certain types of information that cannot be included in a voicemail, which may impact how information is relayed if a live conversation cannot occur (Section s 2(c)(4)(A)).

No Guarantee of Immediate Information: While the bill sets many timeframes, it also allows for the possibility that a notification may be delayed under specific determined circumstances (Section 2(e)).