WV Department of Human Services hasn’t implemented lawmakers’ key childcare bill by deadline

Senate Majority Whip Ben Queen, father of a young child, stood on the Senate floor in March to celebrate the Legislature’s first-ever hallmark childcare bill.

“If we want people to go to work in this state, then we have to make sure they have somewhere safe and reliable for their kids to go during the day,” said Queen, R-Harrison. He smiled as he talked about his son’s childcare provider. 

“If we want to keep young families in West Virginia and attract new ones, childcare has to be part of that conversation,” Queen said.

This month, the West Virginia Department of Human Services — the agency overseeing the childcare assistance program — has yet to implement the bill’s requirements after it went into effect July 1.

“We didn’t create a new system or a new program. We were just changing the system that we have, and obviously, there was a lot of attention towards it,” Queen said on Thursday. “Hopefully, we can put it into implementation soon.”

The childcare legislation, House Bill 4191, overwhelmingly passed the Senate and House with bipartisan support. Gov. Patrick Morrisey declined to sign the measure, and it became law without his public support.

“This is a real issue where childcare providers have closed and are continuing to close across the state. This bill is supposed to be a lifeline for them,” said Sen. Joey Garcia, D-Marion. “It’s disheartening that we have a lot longer path to fix our childcare system, and if we can’t even take one step forward together, it’s not going to be a great collaboration.”

More than 260 childcare facilities have closed since 2024, often citing the state’s childcare assistance program as reason for financial instability.

The bill’s delayed implementation is worrisome for childcare providers, since the measure mandated changes meant to stabilize childcare services in West Virginia. Those changes are urgently needed, according to providers. 

“We’re still struggling. We’re still having these issues, but nothing’s getting fixed,” said Alicia Brennian, assistant director of Step Ahead Preschool in Martinsburg.

The facility serves around 40 children, many of whom rely on the childcare subsidy to access care. 

“Most of the people out there think that childcare centers are charging too much because they think that we make a lot of money, and I don’t know why,” said Lisa Carpenter, owner and director of Step Ahead Preschool. “Until you break down the bills that you have and just trying to keep your staff to want to stay with you is hard.”

The Department of Human Services did not respond to an inquiry from West Virginia Watch for this story.

“I have heard from the agency that they’re working on it — that they just need more time,” said Del. Kayla Young, D-Kanawha. “I don’t think the agency is purposefully stalling on this … but it’s unfortunate that this legislation passed in (March), and it hasn’t been implemented. They are breaking the law at this point.”

West Virginia woefully short on childcare spots

More than 28,000 West Virginia children currently lack access to childcare because providers don’t have enough available slots, according to state estimates. The number of kids in need has grown since lawmakers adjourned in March.

West Virginia offers a childcare subsidy program to low-income parents who are employed or in school. 

“I don’t see it as a subsidy. I see it as a workforce tool to hopefully get people off the system,” Queen said.

Del. Bob Fehrenbacher, R-Wood, sponsor of the childcare legislation, hoped to eliminate what he called burdensome requirements for providers and boost industry stability. He sees it as essential to boosting the state’s low workforce participation.

“I have been informed that aspects of the bill were not implemented yet,” Fehrenbacher said. “You just have to collaborate and continue to ideally work together as opposed to, frankly, be at conflict and be working against each other. … At the end of the day, we have our respective roles, and hopefully, we can work in a respectful, purposeful manner to make progress and look out for the well-being of our citizens.”

The state uses federal Temporary Assistance for Needy Families dollars to help pay for the child care subsidy program. That source of federal funding faces a multi-million dollar deficit, according to Morrisey, and his spending review has prompted current issues with the state’s school clothing allowance program.

Queen wondered if the governor’s ongoing review of TANF funds could have impacted implementation of the childcare bill.

Childcare bill requirements 

The lengthy childcare bill expanded the state’s childcare tax credit for businesses and codified that the state — regardless of fluctuating federal guidance — reimburse childcare providers who serve kids using the state’s childcare subsidy by the total child enrollment rather than daily attendance in an effort to stabilize finances. 

The measure also required DoHS to make several changes to how the state manages the childcare subsidy program. 

DoHS must implement an electronic filing system for providers needing department verifications for reimbursement purposes. The state reimburses child care centers serving kids using the childcare assistance program.

Young explained that the online system will cut down on bureaucracy and required paperwork for providers.

“It would also really clear up any potential fraud because of the sheer volume of data that has to be submitted from the providers,” she said. “That portion of the bill is about reform and accountability and cutting down on red tape to make government work better. It’s a shame that it hasn’t been implemented.”

The legislation also changed how the state calculates the length of a childcare day for purposes of providers’ billing. 

“If we have a child that comes here (for) one hour and 55 minutes and doesn’t make that two hours, we’re put into another you know bracket of what we get paid,” Carpenter explained. “So when you have so many children that fluctuate, you can’t depend on how much money you’re making and if you’re going to have enough money to pay your bills or your staff.”

Lawmakers also asked DoHS to address what’s known as the “childcare subsidy cliff,” where a parent’s income increase abruptly ends their assistance. This specific part of the legislation is due by Jan. 1, 2027.

The average cost of childcare in West Virginia is about $800 per month for one child, according to research from the West Virginia Chamber of Commerce.

Young said it was important to note this year’s childcare legislation still didn’t focus on growing available childcare in West Virginia. 

“This bill was a good step towards stabilizing childcare facilities, not ensuring that we are growing the capacity,” Young said. “We as a Legislature haven’t done anything to address the larger childcare economic development problems that we’re seeing around the state.”

Step Ahead Preschool is closing down its two-year-old classroom this month despite growing population and childcare needs in the Eastern Panhandle.

Carpenter said it has been a struggle to retain staff. 

“I wish the legislators would understand that if you want a good workforce, you have to provide more money in education and childcare. It’s just what you have to do,” she said.