If there is no overlap, sure she can have 5 school-agers and 5 during the day - BUT if any of them overlapped for even 5 minutes she would be breaking the law. There aren't very many parents who only need care during school hours. A provider can have as many kids enrolled as she likes, AS LONG AS she never has more than 5 (counting her own under age 6) at one time. If your provider already has 5 children and wants to add your son, with all of the other 5 being there already, she is breaking the law.