Under the exemption for volunteers, does that include persons who are doing community service for a diversion or criminal conviction?
It is the position of the department that any operator who allows community service for a diversion or criminal conviction should carefully analyze the benefit or risk to the residents or client. The operator should be provided with adequate information from the person’s court representative that would demonstrate that the person would not be subject to prohibition under the law if employed. Again, this is an administrative judgment on the part of the operator.