So I think the breakdown is this :

Right now I have 5 kids under 10 who are all school ages. I also have hired a 13 year old to help. I have 2 other kids who are 11 years old. I also have 3 kids of my own 9,8 and 4 our 4 year old is able to go to school in the fall FDJK however we have decided to keep him home and "homeschool" him for Jk. I want to be within the law, but can't figure out what that is or what it will look like for me come January. Please advise.
Providers own 4 year old will count from the summer time onwards as one of her permitted 5. Providers own 9 year old and 8 year old will not count at all based on ages.
The 13 year old she hired to help, will not count at all but does not allow for any extra places.

So if her 4 year old takes one of her 5 places, she is left with only 4 client places available. Day care children who have had their 13th birthday, not counted.

Eventually she must decide who has those 4 places. She will not be able to keep the 5 day care children under 10 and the 2 11 year old day care children as that totals 7 client (non-family) children when she only has 4 places available.

Is that right?