The opinion
Olly Neal, Judge, concurring. I concur in reversing this case because the record before us does not support the trial court’s findings. I also agree that the trial court erred when it placed permanent custody with the paternal grandparents. However, I write separately because I do not believe that Ark. Code Ann. § 9-27-328 requires a finding of unfitness of the natural parent prior to giving custody of a child involved in a FINS to a third party. Furthermore, I disagree with the dissent’s contention that we can correct the trial court’s error in placing permanent custody with the paternal grandparents by simply modifying the court’s order to say that the grandparents merely have temporary custody.
I am authorized to state that Judge Roaf joins me in this concurring opinion.