I agree with Chachi, and YTCA recommends a minimum of 12 weeks, a smaller dog less than 2 pounds, may even need longer with mommy. Ladymom posted this link that tells about Maltese, another toy breed, and it explains why toy breeds need a longer time with mama. Remember state law is for all breeds, it doesn't take into consideration the special needs of the toy breeds.
Why do Maltese puppies need to be 12 weeks old before going to a new home??