‘It hasn’t been implemented. They are breaking the law at this point,’ said Del. Kayla Young, D-Kanawha
Children join childcare advocates and lawmakers at the State Capitol in Charleston, West Virginia, on Feb. 2, 2026, to celebrate Child Care Day in the House of Delegates chamber. (Photo by Perry Bennett/West Virginia Legislative Photography)
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.”
Del. Kayla Young, D-Kanawha, said, “I have heard from the agency that they’re working on it — that they just need more time.”
“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,” she said.
Lars Dalseide, the governor’s communications director, told West Virginia Watch that most of the bill’s provisions “require additional policy, operational and technology work before they can be implemented.”
“Although the bill became effective July 1, 2026, the department was not immediately provided the funding necessary to make the required technology upgrades,” Dalseide said.
“Implementation includes developing and approving new policies, modifying the state’s child care case management system, designing and testing new system functionality, implementing electronic attendance reporting, and providing training and technical assistance for child care providers, Child Care Resource and Referral agencies, DoHS staff, and other stakeholders,” he continued.
Queen noted that no one from the DoHS raised concerns about the implementation process as the bill was vetted in multiple committees before passing.
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.
