Right now u can have five not including your own. All daycare kids count up to age 10. The new bill 10 comes in effect this August 31st. So the new rules will be five kids including your own kids under six years old. And all daycare kids under age 12 count. So your 8yr old will never count. But if u take another school age child and they are age 12 or under then they will count. So you can have six kids. Five daycare kids ages 0-12 and your son. Hope this helps.