Legislative Interims, Fighting Miners’ Lung Disease And Protecting Our Forests This West Virginia Week

On this West Virginia Week, we’ll review some of the top stories from legislative interims – to find out some of the issues lawmakers are working on. 

Plus delve into how nature lovers can help protect forests from illegal activities.

We’ll also take a look at the latest hurdle for a program designed to make coal mines safer place to work. 

Maria Young is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick and Maria Young.
Learn more about West Virginia Week.

A Morgantown Camping Ban Aimed At Homelessness, This West Virginia Morning

On this West Virginia Morning, a camping ban aimed at addressing homelessness in Morgantown is expected to pass next week. As Chris Schulz reports, community members and advocates are speaking up in opposition.

On this West Virginia Morning, a camping ban aimed at addressing homelessness in Morgantown is expected to pass next week. As Chris Schulz reports, community members and advocates are speaking up in opposition.

Plus, we hear about the failure of Southern Coal, a company owned by Gov. Jim Justice, to pay for mine safety violations, and how pieces of evidence from past sexual assaults across West Virginia are now being used to identify suspects.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Department of Human Services Working To Increase Transparency And Child Abuse Responsiveness

In the aftermath of the death of 14-year-old Kyneddi Miller, who was found dead in a near skeletal state, officials and members of the media asked questions that went largely unanswered.  

Updated on Wednesday, Aug. 28, 2024 at 1 p.m.

In the aftermath of the death of 14-year-old Kyneddi Miller, who was found dead in a near skeletal state, officials and members of the media asked questions that went largely unanswered.  

In the Legislative Oversight Committee on Health and Human Resources Accountability, Department of Human Services (DoHS) Secretary Cynthia Persily said she is working with the attorney general’s office, legislators, academics, stakeholders, and similar departments in other states to come up with better policy. 

“We met directly with four states that have model confidentiality legislation, as well as the University of Kentucky Center on Trauma and Children to inform the legislation,” Persily said. 

At the time, she said federal law prevented the release of any personal information about a child. Others outside the department claimed an exception in the case of fatalities. 

Persily said there is a thin line between transparency and jeopardizing the prosecution of a neglect and abuse case. 

“We are very conscious of the fact that there is a balance between the public’s need to know and the ability to prosecute a child abuse and neglect case, and we would never want to interfere with that,” she said. 

Vacancies in Child Protective Services dropped to 17 percent in January and have stayed at that level. Persily said this drop has helped the department hit target time frames for checking in on reported neglect and abuse. 

Editor’s Note: This story was updated to reflect the correct percentage of vacancies in Child Protective Services.

At Capitol, Parents, Teachers And Legislators Grapple With Child Care

Teachers, child care providers, legislators and advocates gathered outside the Capitol and called on Gov. Jim Justice  and the legislature to address a child care crisis in the state. 

Teachers, child care providers, legislators and advocates gathered outside the Capitol and called on Gov. Jim Justice and the legislature to address a child care crisis in the state. 

The advocates rolled up to the event in a school bus, many with children in tow. 

Currently child care subsidies in the state are facing a funding cliff and no one knows exactly when the money will run out. The state is using a finite source of federal funds to subsidize child care. 

Amy Jo Hutchinson is the campaign director of Moms Rising, the group behind Sunday’s rally. She says if the money runs out, and no other funding comes through, hundreds of child care workers could lose their jobs, hundreds of parents could need to quit their jobs or reduce how much they work, and thousands of children could go without child care. 

All this could have a snowball effect on some families who receive other government benefits that have a work requirement, she said.

“We hear that there may be a funding shortfall and 2,000 children may lose their child care subsidies,” Hutchinson said. “That’s 2,000 West Virginia children of working parents. They don’t tell you that there is a work and education requirement to these subsidies. They have to work to get assistance.”

Cynthia Persilly, the Secretary of The Department of Human Resources, says the funds could expire anytime but that the department will give parents receiving subsidies 60 days’ notice if they do run out. 

Rising overhead costs for child care and a dropoff of pandemic-era federal funds is deepening the shortage of providers. 

The federal government addressed a nationwide trend of closing child care centers by mandating a change in how those centers were subsidized. 

In February, the White House mandated that child care facilities be reimbursed based on enrollment instead of attendance. This is in line with how most private child care facilities bill families, and with how nearly all public and private K-12 education is paid for. 

The state was already subsidizing child care based on enrollment, it had started doing so during the onset of the pandemic. It was originally funded with Covid-era federal dollars that ran out a year ago

Even with these extra funds via the change to enrollment available to providers, many centers are continuing to close. The cost of electricity, food and labor has gone up. Passing those increases onto the parents  isn’t always an option for care providers, who receive a set subsidy or have multiple families who can barely afford the current price of their child care.

The average subsidy a family receives per child according to the Department of Human Services is $8,064. Since the subsidy covers 85 percent of the care, and the family is responsible for a 15 percent copay, the total average cost of care per year for subsidized child care is $9,487. 

For families that don’t qualify for a subsidy, the price is typically much higher. 

Laura Shemanga is a public school kindergarten teacher in Fayette County. She doesn’t qualify for a child care subsidy and says she spends a third of her family’s earnings on child care alone. 

For her, having child care means she can afford to be a part of the state’s workforce, which has the second lowest labor participation rate in the nation. 

“The Department of Health and Human Services states that child care is ‘affordable’ when it is 7 percent or less of your income,” Shemanga said. “Well, I pay more than four times what the department says is affordable. That is outrageous.”

Shemanga says she was raised in the state public school system and wants nothing more than to continue to be a part of that and teach in West Virginia, which is currently experiencing a teacher shortage.

“If you (The executive and legislative branch) cause further chaos and damage to our already very stressed child care situation,” Shemanga said,  “I will have to quit my job and stay home and no longer contribute to our economy.” 

She said she came to address the turmoil in the child care system. 

“I’m calling out the West Virginia Legislature and Big Jim to support the families of more than 2,000 West Virginia children. Programs in Morgantown are closing. Programs in Raleigh County are closing. This is a plea from across the state to support working families so we can support our economy, our state, our future. ”

Del. Kayla Young, a Democrat from Kanawha County, said this is the main challenge facing child care in the state and is hurting the state’s workforce. 

“Here in West Virginia, we’re losing child care centers left and right, and we just need to make sure folks can get to work,” Young said. “The easiest way to make sure they can get to work is to provide care for their children while they’re there.”

Justice said he plans to have a special session where these issues could be addressed, but that potential special session has yet to be announced.

State Lowering Revenue Estimates For Current Fiscal Year

Two months into fiscal year 2025, the state is reducing its revenue estimates. 

Two months into fiscal year 2025, the state is reducing its revenue estimates. 

Mark Muchow, deputy secretary for the Department of Revenue, told members of the Legislative Joint Standing Committee on Finance Monday that revenue for the year is expected to be nearly 8 percent lower than estimated in the spring. 

That is a difference of $446 million compared to original estimates. The higher numbers were used to create the current fiscal year’s budget. 

Muchow explained that several factors are contributing to the reduced estimate. They include:

  • The phase-in of the personal income tax cuts, specifically the property tax rebate credits, which are expected to reduce personal income tax collections.
  • The 4 percent personal income tax rate reduction scheduled to take effect on January 1, 2025. In 2023, when the legislature passed the 21.25 percent personal income tax cut, it set up triggers to further reduce tax. The first trigger has been met and will reduce personal income taxes further. 
  • Additionally, corporate income tax collections and lower interest income projections due to expected lower interest rates and the timing of capital improvement project expenditures. 

The state ended the 2024 fiscal year with a budgetary excess of $632 million dollars. 

Correctional, Parole Officer Vacancies In State Jails Reduced To Single Digits

After years of understaffing, West Virginia’s prison and jail system now has a correctional and parole officer vacancy rate below 10 percent. From May to August 2024, the vacancy rate for correctional officers in state-run facilities fell from 12 to 9 percent.

After years of understaffing, West Virginia’s prison and jail system now has a correctional and parole officer vacancy rate below 10 percent.

From May to August 2024, the vacancy rate for correctional officers in state-run facilities fell from 12 to 9 percent, according to William Marshall, commissioner of the West Virginia Division of Corrections and Rehabilitation.

Marshall shared the data with members of the state’s Legislative Oversight Committee on Regional Jail and Correctional Facility Authority, which convened for an interim meeting at the state capitol Monday morning.

The vacancy rate for parole officers currently sits at 8 percent, and the vacancy rate for non-officer positions in state jails and prisons fell from 20 to 18 percent, Marshall said.

Marshall attributed the increase in staff members to renewed training and retention efforts enacted by the state in the past two years.

In 2022, Gov. Jim Justice issued a state of emergency proclamation over understaffing in West Virginia jails and prisons, which allowed members of the West Virginia National Guard to temporarily fill officer vacancies.

In recent years, the state’s prison and jail system has faced repeated allegations of abuse and mistreatment from inmates, as well as safety concerns from union workers who say staff shortages add risks to their jobs.

Some administrators like Marshall have said that increasing the amount of staff at state facilities could improve conditions on site.

In May, Marshall announced that enough staff members had been hired for the West Virginia National Guard to pull out of the state’s prison system entirely. Hundreds of National Guard service members had served in the positions since Justice’s 2022 emergency declaration.

Now, nine of the state’s 20 prisons and jails for adults are fully staffed, he said. Some positions have even been filled by former officers who retired but agreed to come back part time to work in state facilities.

“We’re really happy with what we’ve been doing, in regards not only to recruiting officers and employees, but retaining them as well,” he said. “I think it’s a testament to the environment, the culture we’ve created in the last year and a half.”

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