California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 3 - Programs for Alcohol and Drug Impaired Drivers
Subchapter 3 - Program Standards
Article 1 - General Standards
Section 9854 - Group Counseling Sessions

Universal Citation: 9 CA Code of Regs 9854

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Group counseling sessions shall be no less than one hour and no more than two hours in length.

(1) The DUI program may substitute one hour of individual counseling sessions for every two hours of group counseling sessions if the participant is unable to participate in or benefit from group counseling sessions because of a language barrier, an emotional problem, or other difficulty.

(2) Time allowed for breaks shall not be counted as part of the minimum time required for group counseling in Section 9851.

(b) Group counseling sessions shall be conducted by DUI program counselors in a manner that:

(1) Encourages the participants to talk and share ideas and information in order to identify and resolve alcohol or drug related problems;

(2) Provides an opportunity for participants to examine their own personal attitudes and behavior; and

(3) Provides support for positive changes in life style to facilitate reduction or elimination of alcohol or drug problems.

(c) Group counseling sessions may emphasize a specific topic or may be less structured in nature.

(d) The DUI program shall not use films or lectures to meet the number of hours of group counseling sessions required in section 9851.

(e) The licensee of a first offender program shall not allow an outside person, except an interpreter, to participate in group counseling sessions conducted for participants.

(f) A DUI program licensed as an 18-month or 30-month program shall not allow an outside person, except an interpreter, a participant's family member, or a significant other to attend group counseling sessions conducted for the participant. If the DUI program allows a participant's family member and significant other to attend group counseling sessions, the following shall apply:

(1) Each family member or significant other shall attend group counseling sessions only on a voluntary basis. A signed copy of the agreement confirming voluntary attendance by a family member or significant other shall be maintained in the respective appropriate participant's record.

(2) The family member or significant other who attend group counseling sessions shall be at least 18 years old.

(3) The DUI program shall provide a participant's family member or significant other, who attend group counseling sessions, with a copy of the program rules (including maintaining confidentiality) and shall inform the family member or significant other, in writing, of the consequences of failure to comply with program rules. The DUI program shall retain in the participant's record a copy of the program rules and the consequences of noncompliance, signed by the family member or significant other.

(4) Attendance by a family member or significant other shall not result in an increased cost to the participant. The DUI program may charge fees to the family member or significant other for attending group counseling sessions.

(g) Except as noted in (1) and (2) below, group counseling sessions shall be limited to 15 persons, including participants, their family members, and significant others.

(1) On an emergency basis, as defined in (2) below, 17 participants may be included in group counseling sessions. The DUI program shall not include more than 17 participants per group counseling session for any reason.

(2) As used in this Subsection, "emergency" means a sudden, unexpected occurrence or set of circumstances which could not have been avoided, prevented, or planned for by either the DUI program or the participant.

(3) Whenever a participant is added to a group counseling session on an emergency basis, the DUI program shall document the nature of the emergency in the participant's case record and on the attendance roster.

(h) DUI programs may be innovative in developing additional group counseling sessions (e.g., involving family and significant others) beyond the minimum requirements contained in this section.

(i) The DUI program shall require each participant to sign a roster at each group counseling session in order to verify attendance. The DUI program shall maintain attendance rosters for all group counseling sessions. The attendance roster for each group counseling session shall list the following information:

(1) Date of the session,

(2) Starting and ending time,

(3) Topics discussed or session number,

(4) Written exercise to be conducted, if any, the purpose and desired outcome, and the amount of time allocated for participants to complete the exercise.

(5) Printed and signed names of participants in attendance, and

(6) Signature of the program staff who conducted the session.

(j) The DUI program shall document attendance and participation at group counseling sessions in each participant record.

(k) No credit shall be given for attendance unless the participant attended the entire group counseling session as scheduled.

1. Change without regulatory effect renumbering and amending former section 9838 to section 9854 filed 4-15-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 20). For prior history, see Register 82, No. 47.
2. Amendment filed 11-18-91 as an emergency; operative 1-1-92 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 4-29-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 4-27-92 as an emergency; operative 4-28-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-26-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-27-92 order including amendment of subsection (f) transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No. 35).
5. Change without regulatory effect amending subsection (h) filed 10-24-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 43).
6. Amendment of section and NOTE filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
7. Amendment filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
8. Amendment of section and NOTE filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).

Note: Authority cited: Section 11836.15, Health and Safety Code; and Section 23538, Vehicle Code. Reference: Sections 11836.15, 11837 and 11837.4, Health and Safety Code.

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