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Volunteering at Delaware State Parks

PLACEMENT: The Division of Parks and Recreation cannot guarantee volunteer placement. The Division will, however, make every effort to match Volunteer Host applicants to volunteer opportunities based on the needs of the Division and the interests and abilities of the volunteer.

SERVICE AT DISCRETION OF DIVISION: The Division of Parks and Recreation accepts the service of all volunteers with the understanding that such service is at the sole discretion of the Division. The Division reserves the right to reject a candidate for any reason which the Division, in its sole judgement, determines will or may affect the best interests of the Division. Furthermore, the Division reserves the right to withhold the reason(s) for such refusal. Volunteers agree that the Division may at any time, for any reason, decide to terminate the volunteer’s relationship with the Division. Volunteers may at any time, for any reason, decide to sever the volunteer’s relationship with the Division. Notice of such a decision should be communicated as soon as possible to the volunteer’s supervisor.

SCREENING: The Division employs a multiple step screening process for all volunteers based on the nature of the volunteer work and involvement level of the participant. As part of this process, Volunteer Hosts are required to undergo a Criminal History and Background Investigation conducted by the Division.

ACCEPTANCE: The Division holds that acceptance as a volunteer is contingent upon successful completion at all levels of screening.

INJURY: Volunteers are not considered employees of the State of Delaware. The Division of Parks and Recreation does not provide Worker’s Compensation or any other insurance coverage for volunteers.

 

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TORT CLAIMS: The Division will not represent volunteers in legal suits. Delaware Code, Chapter 10 Section 8133 protects volunteers and limits their liability in the following way:

(b) No volunteer of an organization shall be subject to suit directly, derivatively or by way of contribution for any civil damages under the laws of Delaware resulting from any negligent act or omission performed during or in connection with an activity of such organization.

This section goes on to make the following exceptions:

  • if injury is caused by the volunteer as a result of driving a vehicle, than the damages recovered "shall not exceed the limits of applicable insurance coverage maintained".

  • It also allows that the immunity granted in subsection (b)" shall not extend to any act or omission constituting willful and wanton or grossly negligent conduct.

It is also supported by the Volunteer Protection Act of 1997 which prohibits punitive damages against a volunteer. Collectively they offer a high degree of immunity to volunteers in Delaware, provided:

  • the volunteer was acting within scope of their responsibilities (job description),

  • the volunteer had appropriate certification or authorization to perform work,

  • the harm was not caused by willful misconduct, gross negligence, flagrant disregard for rights and safety,

  • the harm was not caused by operation of a vehicle which the state required special license to operate, in which case damages are limited to the amount of liability insurance carried on the vehicle.


 

For more information, e-mail Delaware State Parks Volunteer Administrator.
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