No. You do everyone reading a remarkable disservice. The UIView hierarchy itself is undocumented. The contents and ordering thereof are undefined, may change at any future date, and can not be relied upon. The application did, in fact, break when the OS was upgraded.
Apple's use of "Private or Unpublished API" isn't intended to leave room for semantic arguments about the true meaning of "private", "unpublished", or "API", and they've clearly applied the standard industry definition in this particular instance.
But platform makers make changes that break apps all the time; why should this guy get his app banned forever?
Apple guarantees that their published, documented behavior (eg, API) will work across releases, and they strive to meet this guarantee. Where they fail they assume responsibility for fixing the issue -- file a bug.