8-415

8-415. Effect of failure to comply

A. The failure to use reasonable efforts to perform a duty or provide a right is
not cause to seek to set aside an adjudication or disposition.

B. The failure to use reasonable efforts to provide notice and a right to be
present or be heard pursuant to this article at a proceeding that involves
postadjudication release is a ground for the victim to move to set aside the
postadjudication release until the victim is afforded the opportunity to be present or be
heard.

C. If the victim seeks to have a postadjudication release set aside pursuant to
subsection B, the custodial agency or the department of juvenile corrections shall afford
the victim a reexamination proceeding after the parties are given notice.

D. A reexamination proceeding conducted pursuant to this section or any other
proceeding that is based on the failure to perform a duty or to provide a right shall
begin not more than thirty days after the appropriate parties have been given notice that
the victim is exercising the victim's right to a reexamination proceeding pursuant to
this section or to another proceeding based on the failure to perform a duty or provide a
right.