Your own kids don't count until Jan. 2016. So technically you could have an additional 2 under 2 until that time, and hopefully one of your under 2's would have had a birthday by then.

With regards to your husband being home, right now, it is irrelevant, since your kids don't count until Jan. 2016. However, the DNA (the current laws) and Bill 10 (the new laws) have always pertained to children ON THE PREMISES, no matter how many adults were present.

So once Jan. 2016 comes, your baby will count as one of your 5 daycare children, and will have to be included in the 2 under 2 cap, regardless of if your husband is home or not.