Fond Du Lac County v. J.G.S.

This case concerns the "least restrictive placement" for a developmentally disabled man, which placement the circuit court determined to be a community placement that neither then nor now exists. The county pleads lack of available funds. We follow our supreme court's decision in In re D.E.R. v. La Crosse County, 155 Wis. 2d 240, 455 N.W.2d 239 (1990). In that case, the court held that a county's statutory obligation to place developmentally disabled individuals in the least restrictive environment is not limited by the availability of appropriated funds. Id. at 253, 455 N.W.2d at 245. We…