Board refers Racine County request on Chapter 980 placements to county committee amid shortage concerns

Walworth County Health and Human Services staff described ongoing difficulty finding housing that meets statutory restrictions for people committed under Chapter 980 and the board voted July 16 to refer a Racine County resolution to the county’s Chapter 980 committee for further work.

Carlos, an HHS staff member, briefed the board on the county’s experience placing people subject to Chapter 980. He said the statute imposes placement restrictions — such as minimum distances from schools, parks and other locations — that make it difficult to locate suitable private housing. “We went so far as to bring to you a request for a budget amendment in the amount of $400,000 to purchase a property,” he said, recalling prior efforts to secure housing.

Racine County asked for regional cooperation after facing multiple pending release petitions; staff reported two petitions with trials scheduled in August and October and said one has a meaningful chance of release. The Racine request, Carlos said, included asking whether Walworth could use an existing private bed the county now has contracted in the community; staff explained the contract is between the Department of Health Services and the private homeowner and not a county contract.

Board members pressed staff on legal limits. A member asked whether a judge could order Walworth County to accept someone; staff responded the Racine judge cannot force Walworth to take a person and said counties have a statutory responsibility to try to place their own residents. Staff also explained the Department of Health Services oversees the care once a placement is arranged and pays the housing contract when the state approves the residence.

On the feasibility of options, staff said Winnebago County built its own facility near Oshkosh and that Walworth could consider building a county‑owned placement on county land near the sheriff’s office, surrounding the site with county‑owned parcels to meet the statutory adjacency tests. “There is a definite cost benefit for us to do this,” Carlos said, because the county would receive the state payments currently made to private landlords.

The board voted to refer the Racine County resolution (filed as resolution 2022‑96) to the Chapter 980 committee for review and recommended reconvening the committee to address membership and longer‑term strategy. No new placement was authorized at the meeting; staff said they will seek committee and county‑board approval before pursuing any county‑owned facility.

Why it matters: counties face complex statutory restraints and potential civil‑rights risk if they cannot find legally compliant placements; staff and members said a regional approach or county‑owned option are among the alternatives the 980 committee should examine.

Board action: motion to refer resolution 2022‑96 to the Chapter 980 committee carried unanimously.