Child care providers and families attended Child Care Day at the West Virginia Capitol on February 2, 2026 to advocate for legislation to support the state’s struggling child care industry. (Photo by Perry Bennett/West Virginia Legislative Photography)
After years of preparation, a bill aimed at improving West Virginia’s drastic child care shortage is set to become law without Gov. Patrick Morrisey’s signature.
The governor refused to sign it Republican-sponsored legislation this passed with an overwhelming majority senate And House of Representatives this session with forceful bipartisan support. Only seven representatives – all Republican men – voted no to the bill.
In West Virginia, completed legislation—with or without the governor’s signature—becomes law unless the governor vetoes it.
The West Virginia Chamber of Commerce has linked from the child care desert to the state’s abysmal workforce participation.
More than 26,000 children in West Virginia currently lack access to child care because providers do not have enough spaces. according to government estimatesrequest long waiting lists for some parents, months or even years.
Despite the need, hundreds of child care facilities have closed in recent years, largely for the following reasons: financial instability in the federal child care subsidy program, which helps low-income, working families.
House Bill 4191 aims to stabilize the finances of day care centers that serve thousands of children enrolled in the subsidized child care program. It also expands a tax credit for employers who provide childcare to their employees.
“I am thrilled to see the Child Care Act become law. I appreciate everyone’s cooperation and support to make these critical changes. This will be a huge benefit to families, providers and employers,” Del said. Bob Fehrenbacher, R-Wood, who sponsored the legislation.
Child care workers, parents and children came to the State Capitol for yearsand called on lawmakers to address the elaborate problems in the industry. In response, lawmakers in recent sessions have introduced bills focused on child care, but the measures failed to make it to the governor’s desk year after year.
““The passage of House Bill 4191 is an important step forward for child care providers, employers and working families across West Virginia,” he said Sarah Bolyard, President and CEO of the YMCA of Kanawha Valley. The organization’s Cross Lanes center serves approximately 250 children daily.
“This progress reflects a strong bipartisan effort and meaningful partnerships among citizens, providers and community leaders who understand that child care is essential to our state’s workforce and economic future.” Bolyard continued. “Access to reliable, high-quality child care helps parents keep their jobs, supports business stability and strengthens our local economy.”
Del. Kayla Young, D-Kanawha, has been at the forefront of pushing child care legislation in the GOP-led and predominantly male Legislature.
“After years of advocacy, our landmark child care provider bill, HB 4191, is now law,” Young said. “I am grateful to every provider, parent and organization that has championed child care in the Legislature over the years. I am grateful to the Child Care Task Force, Del. Fehrenbacher and Gov. Morrisey for their work. This issue has become the heart and soul of my work at the Capitol, and the focus is always on West Virginia families and their future. Moving forward.”
During the debate on the budget bill, the House of Representatives voted out an amendment proposed by Young that would have put an additional $5.2 million into child care funding. Lawmakers haven’t increased funding for child care in more than a decade. State funding for child care development decreased by 50% in nominal terms compared to fiscal year 2014. after to the West Virginia Center on Budget and Policy.
Changes to the state child care program
Among the bill’s requirements is that the state Department of Human Services reimburse child care providers who care for children using the state’s child care subsidy based on total enrollment, not daily attendance.
The State recently changed From enrollment to attendance policy, it’s about how centers that serve children reimburse child care subsidies, meaning they were only paid for the number of children who showed up that day. Childcare attendance may be sporadic due to adolescent children’s ill days or family needs.
This reimbursement change was a challenge for the providerswho said they lost significant monthly revenue because many operating costs remained the same regardless of the number of children in attendance on a given day.
“Legislation like this helps chart a more sustainable path forward as we continue to serve children and families who rely on us every day… (The bill) is not the finish line, but it is an important step that will help maintain and advance the child care system that supports families, providers and employers across our state,” Bolyard said.
The bill also calls on DoHS to address the state’s “child care subsidy cliff,” where a parent’s boost in income abruptly ends their support from the subsidized child care program.
According to a study by the West Virginia Chamber of Commerce, the average cost of child care in West Virginia is about $800 per month for a child.
“The Legislature finds that a sudden loss of child care support due to modest increases in family income creates a benefit cliff that impedes wage growth, limits labor force participation, and destabilizes child care arrangements for children and families,” the measure states.
“This bill gives West Virginia’s child care providers the stability and future they deserve and reaffirms our commitment to ensuring that every West Virginia family receives full, accessible early childhood education. This is a milestone, not a finish line – we are just getting started,” Young said.
The bill comes into force on July 1st.
Amy Jo Hutchinson, West Virginia Campaign Director for MomsRising, said in a statement that the bill was “a significant, hard-fought victory.”
“We are thrilled that our elected leaders have responded with smart legislation that addresses the child care crisis from all angles,” she said.
Hutchinson said that while the bill represents tremendous progress, work on the issue is ongoing.
“In the next legislative session, we will urge lawmakers to address our state’s severe shortage of child care workers by investing in fair pay for these hard-working professionals and ensuring they have access to care for their own children,” Hutchinson said. “Our coalition will continue to fight until every family in West Virginia can find and afford the quality child care they need to work and thrive.”
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