No, they have never stated the age of the witness. They have only said that it was "a child of tender years". When asked if it was the 3 year old the police would not say. I think that it was just an assumption since the 3 year old was with Dulce when it happened. JMO
What are 'tender age' shelters?
According to the article (please don't look at the political aspect of it) here in the US a child of tender years can be up to 13 years old. In Mexico, 5 years old.
What classifies a child as 'tender age'?
Border Patrol officials said children under 5 fall under the definition of "tender age."
Border Patrol chiefs in the field have generally referred to children "of less than 5 being tender age," Hastings said.
But according to an official from the Department of Health and Human Services, a "tender age" child can be up to 13 years old.
"We have specialized facilities that are devoted to providing care for children with special needs and tender age children as we define as under 13 would fall into that category," Steve Wagner, HHS Acting Assistant Secretary, Administration for Children and Families told reporters Tuesday.