George W. Bush as governor of Texas rapidly incorporated the provisions of Charitable Choice into Texas policy and politics. It was in Texas that the first state Faith Based Liaison positions were created. But there was opposition to the charitable choice proposals by the members of the Texas Faith Network which is made up of more than 400 clergy. Rabbi Peter Berg of Temple Emanuel in Dallas Texas asked “Who will decide which churches or synagogues, which denomination or sect, will be funded and which will be excluded?” There was clearly a lack of accountability on one hand and the unconstitutional lack of separation of church and state on the other. Thus although faith-based groups certainly play an important role in provision of social services, it is still necessary that they remain independent from the government. Taxpayers through the faith-based initiatives program end up financially supporting religious activity, but with no accountability or transparency for how that money is spent. There are strings that come with governmental money and also poor people are compelled to practice a faith that is not their own just to get services.



In 1995, George W. Bush’s first year as governor of Texas, Teen Challenge a Christian based drug treatment program was threatened with closure by a state regulatory agency, The Texas Commission on Alcohol and Drug Abuse. Although Teen Challenge did not receive any government funds, it did offer treatment to drug users and therefore fell under the state’s regulatory powers. The Texas Commission on Alcohol and Drug Abuse (TCADA) threatened to close the doors of Teen Challenge for violations of its regulations in April 1996. Roloff Homes was also a program supported by George W. Bush and it was also in violation of basic health and safety regulations. So two programs who were in trouble with the state of Texas for dangerous treatment practices were publicly defended by religious right leaders. Bush publicly defended these programs and changed state law to protect them even at the expense of quality of care and public safety.



In the mid 90s, Texas Commission on Alcohol and Drug Abuse (TCADA) attempted to close down the San Antonio branch of Teen Challenge, a residential Christian program that relies solely on faith-based methods to treat drug abuse. According to a TCADA spokesperson, the organization violated Texas state policies, procedures and licensure standards. There were problems with hiring practices, not meeting training requirements for counselors, client grievance procedures, release of confidential records. Teen Challenge was also charged with disregarding state standards for the screening, orientation, treatment and discharge of follow-up of clients (Austin American Statesman, July 2, 1995).





In June 1995, TCADA suspended Teen Challenge’s license based violations that may even cause a potential danger to the residents. Bush intervened publicly on behalf of the faith-based program, saying TCADA was following procedure and stating publicly that he strongly supported the faith-based programs. (World Magazine 1995).



On Bush’s urging and other outside pressures, TCADA postponed judgment of the organization, dropped licensure demands, and agreed to wait until the legislature considered bills that would change the rules for faith-based organizations. According to the Houston Chronicle, the flap about Teen Challenge made the organization-a cause celebre among the religious right, placing Teen Challenge to the forefront of the faith-based self-help movement. Support came not only from Christian leader Pat Robertson, who featured the group on his 700 Club television show, but also from the conservative policy crowd (Houston Chronicle, December 1, 1995)



On May 2, 1996 Governor Bush in a show of continuing support of such organizations, Bush vowed to assembled an Advisory Task Force made up of 16 clergy and volunteer leaders and charges the Task Force with 2 objectives: (1)survey Texas legal and regulatory landscape to identify obstacles to faith-based groups and (2)recommend ways that Texas can create an environment in which these groups can thrive, free of regulations that dilute the faith factor.



On August 22, 1996 The Personal Responsibility and Work Opportunity Reconciliation Act is signed in law (PL 104-193). Section 104 of this federal welfare reform legislation - authored by then-Senator John Ashcroft - opened the door to so-called Charitable Choice provisions that allow states to contract with faith-based and community-based organizations for the provision of welfare services. This provision has been interpreted to apply to Temporary Assistance to Needy Families (TANF), Social Security Income (SSI), food stamp and Medicaid programs.



In 1997 legislation was passed exempting religious child care and drug treatment facilities from health and safety regulations.



For more than two decades, the Roloff Homes which was a group of faith-based homes for troubled teens - had been the subject of allegations of severe abuse. Efforts in the 1980’s by the Texas Attorney General’s office to force the homes under state regulation led to a long legal battle. The organization’s founder, Lester Roloff, was a fundamentalist and leader of the People’s Baptist Church in Corpus Christi who maintained that the state had no right to license his homes (Houston Chronicle, March 13, 1999). The Roloff Homes became a high-profile cause among religious right circles, with one minister even chaining himself to the Texas Supreme Court doors in protest.



The case found its way to the U.S. Supreme Court, which ruled that the homes had to be licensed by the state or close down. In 1985, rather than accept state oversight, the homes closed down and moved to Missouri-where they stayed until invited back to Texas by Gov. Bush to receive licensing under his newly created alternative accreditation agency - the Texas Association of Christian Child Care Agencies (TACCA).



The first facility to apply for and receive accreditation from TACCCA was one of the Roloff Homes. According to the Washington Post, TACCCA is supposed to inspect the facilities once and year and make sure they meet minimum requirements (Washington Post, April 11, 2000). April 10, 2000 Texas authorities arrested men connected to Roloff Homes for allegations of severe abuse of juveniles in their care. Two weeks later, the Texas Association of Christian Child Care Agencies (TACCCA) re-approves the Roloff Homes license. April 15, 2000 Wiley Cameron, the head of Roloff Homes, resigns from his position on the accreditation committee of TACCCA.



Teen Challenge might not have survived without the help of then Governor George W. Bush. Because Teen Challenge claimed it did “treatment”, it thus needed to abide by state regulations regarding having persons who were qualified with academic degrees and a certain amount of clinical expertise. Teen Challenge did not hire counselors based on those criteria because Teen Challenge promoted the view that addiction is a sinful behavior prompted by a lack of religious commitment. Claiming spectacular results –which turned out to false- they demanded that the investigator be fired and the laws changed.





The supporters of Teen Challenge viewed this as infringement of their rights as a religious organization, so the shutting down of the organization by the government offered a ripe opportunity to question the rightness of church-state separation. These objections to the shutdown of Teen Challenge created the political support for the creation of the broader faith-based initiatives. George Bush created a Governor’s Advisory Task Force on Faith-based Community Service Groups, changed the course of faith-based public policy by creating a redefinition of faith-based practices in Texas and a report in December 1996, called “Faith in Action: A New Vision for Church-State Cooperation,” and George W. Bush announced it personally with enormous fanfare at a ministry in San Antonio. This report had concrete policy recommendations to exempt Teen Challenge from state licensure and oversight. In 1997 the Teen Challenge Bill which changed the role of the TCADA to one of just registering the names of programs in a single one page document (name, address, and what they do). By granting Teen Challenge in 1997, a crucial exemption, Governor George Bush went against Texas State regulators. With the governor's exemption, Teen Challenge and other faith based addiction programs are allowed to call themselves treatment facilities. That, exempted Teen Challenge counselors so they didn’t have to get the 270 hours of clinical training and thousands of hours of supervision, as was required of non faith based treatment programs. As exempt faith-based drug treatment centers, Teen Challenge facilities are not required to have licensed chemical dependency counselors, conduct staff training or criminal background checks, protect client confidentiality rights, adhere to state health and safety standards, or report abuse, neglect, emergencies and medication errors.





But there are critics, who argue that the drug counselors need this kind of professional training. This legislation removed Teen Challenge from any governmental regulatory oversight. Teen Challenge would then claim to be an exclusively religious program not a blend of religious and medical treatment. A medical model program would require governmental regulation and therapeutic clinical records. So in order to be exempt from governmental supervision and oversight, these programs had to be purely religious ministries designed to help people with addiction problems through religious devotion.





Teen Challenge in Texas was exempted from licensing and inspection regulation. The arrangement between governmental financial support and Teen Challenge meant that Teen Challenge was not required to meet regulatory health and safety standards, and their facilities were not inspected even though Teen Challenge received taxpayer funds. Amidst all the media coverage over Teen Challenge child abuse and without this influx of federal funding from faith based initiatives, the centers would surely have lost clients and probably closed.