social history-nuts & bolts (holdman, scharlette)(2001)

7/27/2019 Social History-Nuts & Bolts (Holdman, Scharlette)(2001)

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M[rbTErnS P W E P r n DFOR

ANNUALk CAPITAL DEFENSE TRAINING SElMINMJ]EI(YkLISLAM), GEORGIA

e

BYSCHARLETTE HOLDMAN

CENTER FOR CAPITAL ASSISTANCE529 CASTRO STREET

SAN FRANCISCO, CALIF'ORNIA 941 14415 621 [email protected]

-NUTSAND BOLTS OF CONDUCTINGA SOCIAL HISTORY

1. Basic ResourcesRecords to ObtainSample ReleaseSample Release for FOIASocial Security Records InformationSample Request Letters for Birth,Employment, Marriage, Medical, and PrisonRecords

2. Sample Story of Death and Illness3. Open Ended Questions


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Confidential: Attorney W ork ~ r o d k c tTo: Defense CounselFrom: ScharletteRe: Basic references for life history documentsDate: Spring 2001

INTERNATIONAL VITAL RECORDS HANDBOO KThomas J. KempAMERICAN HOSPITAL ASSOCIATION GUIDEChicago, IllinoisAMERICAN CORRECTIONAL ASSOCIATIONWashington, D.C.

MEDICAL ACRONYMS AND ABBREVIATIONS(301) 918-1800

PHYSICIAN'S DESK REFERENCESTEDMAN'S MEDICAL DICTIONARY

CHILD MALTREATM ENT: CLINICAL G UIDE &PHOTOGRAPHIC REFERENCEG.W. M edical Publishing, Inc.TRAUMA AND RECOVERYJudith Herman


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AdoptionAutopsyBankingBirth Certificate

Death CertificateDentalEmployment, Soc Sec,Wkman Comp, UnempFood StampsImmigrationJailJuvenile Court *~u ve ni k rison

Mental Health (Reports, Raw Data)Medical (Clinic, Physician, Film, Hospital)Military

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PrisonReal Estate, RentalSelective ServiceUnemployment

Aid to Fam,ilieswith Dependent ChildrenBankruptcyBirth Medical Records of Mother & Child-Court: Civil,. Family, Criminal, Probate,Federal, Bankruptcy, State, County, JuvieDivorceDriver's License

.>

Foster CareInternal Revenue ServiceJob CorpsJuvenile DetentionLaw Enforcement: FBI, DEA, INS,Border Patrol, Sheriff, Police, HighwayPatrolMarriage CertEcate

Prior Counsel, Public DefenProsecutionProbation & Parole

der,

School, Voc Ed, Com College, CollegeSocial ServiceUtilities, Telephone, Sanitation


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AUTHORIZATIONFOR RELEASE OFCONFIDENTIIAI,INIFOWATION AND RECORDSDate: Date of Request for Records)To: (Agency in Posssession of Records)

(Address of Agency) -Re: Records for (Name of Person)

I, (Name of Client or Person Whose Records Are Being Requested), by this release or aphotocopy or facsimile thereof, authorize and request you to release to (Counsel. investigator,mitigation specialist. paralegal's names) or their designated representatives any and allinformation relating tom sRequested') including, but not limited to, academic, adoption, law enforcement (including, butnot limited to arrest and incident reports), FBI, immigration, Immigration and NaturalizationService, psychological, psychiatric, medical, correcti&l, drugandalcohol rehabilitationprograms, employment, unemployment, workers' compensation, social security and earningsinformation, military, and probation records, as well as any files prepared in connectionwithprior civil or crimihd litigation.This document also authorizes any treating doctors, experts or other personnel to discusstheir otherwise confidential information with the above-mentioned legal representatives. Inconsideration of such disclosure, I hereby release you (in your individual andlor institutionalcapacity) fiom any and all liability arising fiom the disclosure of otherwise confidentialinformation.You are specifically authorized to photocopy these records and to release copies to theabove-mentioned legal representatives.

Signed:AKA:Social Security Number:Date ofBirth


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AUTHORIZATION FOR RELEASE OF RECORDS

TO: F O W A Unit, ederal Bureau of InvestigationUnited States Department of JusticeRE: Records of James Willis Johnson a/k/a Willie James BrannerDATE: August 11,2000

You are hereby authorized to release to attorneys James Lohman, James Pultz andDouglas Welch, and investigator Scharlette Holdman of the Center for Capital Assistance; andattorneys David Eiseman, A1 Bedecarre and W. Paul Schuck of the law firmof Quinn Emanuel

Urquhart Oliver & Hedges, andlor their agents and representatives any and all records,documents or the like, which are in your possession. You are further authorized to discuss theserecords, documents and the like, and any other matter pertaining to or concerning me, with saidrepresentatives. I further ask that you assist them in their investigation.

James Willis Johnson W a Willie James B rannerSS#: 499-80-18DOB: 12/2/49 (or 3/21/50)Place: St. Louis, MissouriFBI #: 903 370 G

STATE OF CALIFORNIA )) ss:COUNTYOFMARIN )

Sworn to and subscribed in my presence by James Willis Johnson a/k/dWillie JamesBranner, personally known to me, this day of August, 2000.

NOTARY PUBLIC


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SOCIAL S X C W W mcomsNote: Request for client, client's family.Phone # of Baltimore office:Detailed, certified, regular mail:

Detailed, certified, FedEx:

Summary, medical:

Disability:

Social Security AdministrationP.O. ox 129Baltimore, Maryland 2123 5Social Security Administration300 North Greene StreetBaltimore, Maryland 2120'1Nancy BrownSocial Security Administration, Palm SpringsTel: (619) 325-7674Fax: (619) 322-6927Office of Disability1500 Woodlawn DriveBaltimore, MD 21241Federal Office of Disability: (800) 772-1213Los Angeles: John M uratalla, Human Resources(818) 357-9980 ext. 293


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CENTXR FOR CAPITAL ASSISMWE529 Castro Street

San Francisco, California 94114Telephone: (415) 21-8860Facsimile: (415) 621-8330 .

Office of the State Registrar of Vital S tatistics.Department of Health Services304 S StreetP.O. Box 730241 -Sacramento, CA 94244-0241

January 30,1996

To Whom It May Concern:I am writing to request certified copies of the original birth certificates for the followingindividuals:

John SmithDOB: 6130153Jane SmithDOB: 8/20/53Junior SmithDOB: 7/3/91

9I would also like a certified copy of the marriage ceri ificate for :John Smith and Jane SmithDOM: 6/12/79

I have enclosed the necessary applications for these copies, along with a check for $48.00 and areturn self-addressed-stamped envelope for your convenience.I appreciate your assistance. Please do not hesitate to call me .if you have any questions orrequire additional information.

Sincerely,

Susan K. MarcusEnclosures


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CENTER FOR CAPITAL ASSISTANCE529 Castro StreetSan Francisco, California 94114Telephone: (415) 621-8860Facsimile: (415) 621-8830

April 2,20 01

Showbiz Pizza Time Inc. .Chuck E. Cheeses4441 W A q o r t FreewayPO Box 152007Irving, TX 75015Re:, Jane Smith (other possible last name: Doe)

DOB: 9/28/70SSN: 546-41-4534To Whom It May Concern:This office is assisting the attorneys representing ,Ms. Smith's brother in federal court. Ms.Smith worked for your company in 1988. I am writing to request a certified copy of any and allrecords you have fo r Ms. Smith. I have enclosed a release signed by M s. Sm ith authorizing youto release her empioyee files to me andfor he attorney I work for, Karen Kelly. Please includeall the records you have for Ms. Smith, including personnel evaluations, ob'descriptions , salaryreviews, payroll receipts, W-2 forms, employee complaints, disciplinary actions and Worker'sCompensation claims.As were working under a strict deadline, it is imperative that we receive these records as soonas possible. When the requested records are ready, simply call Federal Express at (800) 238-5355. Give them our account number (XXXXXXXXX-9) and all charges will be billed to ouroffice.Should you have any questions or foresee a delay in processing this request, p lease do no thesitate to call me at (415) 62 1-8860. Thankyou very much for your assistance.

Sincerely,

Susan InvestigatorSIEnclosures


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CENTER FOR CAPITALASSISTANCE529 Castro Street

San Francisco, California 94114Telephone: (415) 621-8860Facsimile: (415) 621-8830

January 2 ,200 1

Office of Vital Records and Statistics304 S StreetP.O. Box 730241Sacramento, CA 94244-0241To Whom It May Concern:I am writing to request a copy of the following marriage certificate:

Grooms's Name: John Smith IIIDOB: 7/28/56Groom's Father: John SMith11Bride's Name: Jennifer (or Jenny) JohnsonDOM: 1993Place: . Los Angeles

I have enclosed a check for $13.00 to cover the cost of certifying these records. If you need anyadditional information to complete this request, please call me at (4 15) 62 1-8860. When therequested record is ready, simply call Federal Express at (800) 238-5355 for pick up. Give themmy account number (XXXXXX9) and all chargeswill be billed to my office.I appreciate your assistance. Please do not hesitate to.call me if you have any questions orrequire additional information.

Sincerely,

Susan Investigator


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CEN'TEXFOR CAPITAL ASSISTANCE529 Ca-o StreetSanFrancisco, California 94114Telephone: (415) 621-8860Facsimile: (415) 621-8830

,

.

Custodian of Records .Doctors Medical Center1441Florida Avenue ,Modesto, CA 93530Re:' Jane Smith

DOB: 3/16/71John DoeDOB: 7/3/91

Dear Records Custodian:

January 1,2001

Enclosed please find a release for the medical records of the above-referenced individuals.Please copy their entire files, including verification of treatmenthirth records, narrative reports ofany X-rays, CT scans or MRI's, physicians' notes, nurses' notes, progress notes, medicationcharts, laboratory reports, EEG' s, psychological reports, psychiatric evaluations, IQ testing data,emergency room admissions, drug and alcohol treatment, any records normally deemedconfidential, and any tests or reports compiled by agents outside of Stanislaus Medical Center.While I am unable to provide specific dates when Ms. Smith and her children may have receivedtreatment at Doctor's Medical Center, they have lived inModesto since 1979 and the majority oftheir health care since that time has been serviced by Doctor's Medical Center.I have enclosed return Federal Express packaging for your convenience. When the requestedrecords are ready, simply call Federal Express at (800) 238-5355 for pick-up. Give them ouraccount number7) and all charges will be billed to our office.This office will be happy to pay whatever reasonable fees associatedwith the retrieval andcopying of these records.Thank you very much for your assistance. Please do not hesitate to call me if you have anyquestions or require additional information.

Sincerely,

Susan Investigator


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CENTER FOR CAPITAL ASS~ISTANCE529 Castro StreetSan Francisco, California 94114Telephone: (415) 621-8860Facsimile: (415) 621-8830

January 2,200 1California Department of Corrections, ArchivesP.O. ox 2000Vacaville, California 95696-2000Attn: Supervisor Jane VergaraIn Re: John ClientC D C k C a l l 9 1 6 4 4 5 6 7 1 3SSN#:

DOB:Dear Ms. Vergara:

I am writing to request a certified copy of any and all information you have o n the above-referenced individual. My reques t for complete CDC records for Mr. Client includes, but is n otlimited to, his entire C-File; all medical and psychiatric records, evaluations, or referrals;incarceration history, including jail and prison records outside of California; arrest, police,probation and sentencing reports; conduct during incarceration; drug rehabilitation programs orreferrals; intake evaluations; counselor's reports or recommendations; employment records andrecords of certificates of achievement. To the extent that any of these records may be held withinCDC but are not kept within your facility, please provide inform ation as to where the recordsmay be located and how to ob tain them.Enclosed is a release fiom Mr. Client authorizing me to receive this information . I havealso enclosed a return selfaddressed-stamped-envelope or your convenience. Our officewill behappy to reimburse you for any cost incurred in copy ing and certifling the records. .Please do not hesitate to contact me at the above number should you have any questionsor require additional information. Thankyou for your assistance.

Sincerely,

Jane AttorneyEnclosures


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Confidential: Attornev Work ProdactMemo to: Defense CounselFrom: ' ScharletteRe: Sample story of death and illnessDate: January 21,200 1The following story of how the death of a brother affected a client is supported by evidencebrackets. It also demonstrates how the client's illness was perceived and treated by the family. -Brian Walker is the client, and Nosey is the brother.

Death of Younyer Brother and Brian's Critical IllnessTragedy struck the Gore family on January 11,1969, when Ronald Lee (N osey), one of

the twin boys in the family died, and Brian nearly died from meningococcal septicemia. Noseywas not quite six years old. Nosey and Brian were very close, even though they were fow yearsapart in age. Nosey was Brian's "play partner and they were always on the same team."{Interviewwith Roderick W. Pettis, M.D.) Nosey earned his nickname because "he was intoeverything and just did not seem to be able to learn to leave things alone." {Interview of BrianPete Gore Sr.)

On the evening before his dea th, Nosey "felt a little sick when he w ent to bed"complaining "of stomach pain" and "a little fever." {Medical Examiner Report of Ronald LeeGore; Interview of Brian Pete Gore Sr.) At midnight, ''the child had a B/M in bed & still had thepains and fever." (Medica l Examiner Report of Ronald Lee Gore) Pete, unaw are of how sick hischild was, threatened-towhip him for soiling the bed. Debra "convinced him not to" w hipNosey. {Interview of Marlene Gore Holland) ~ e b r inxious to protect him from his father,cleaned him and "tucked him inbed." {Interview of Marlene Gore Holland) The follow ingmorning, Nosey was found dead in his bed. The au topsy revealed 'cconsiderable hemorrhage of

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the adrenals (Waterhouse-Friderichsen Syndrome.)" {Medical Exa mhe r Report of Ronald LeeGore)

The traumatic loss of Nosey was intensified when Brian became critically ill the morningof Nosey's death, and the family faced the loss of a second child fiom an illness they did notunderstand. Brian was told that he and Nosey caught "some kind of blood disease" f rom his

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"sister's boyfriend who had just come back fiom Viet Nam." Pete remembered that the fam ily"didn't have time enough to deal with the grief of Nosey's passing" before they had to focus onBrian. {Interview of Brian Pete G ore Sr.)

Nosey's death af5ected everyone. Pete looked back on it as "the beginning of a series ofterrible things that happened . .that really destroyed the family." {Interview of Br ian Pete GoreSr.} Brian stated that "Debbie had the hardest time after his death, probably because she hadtaken care of him the night before." {Interviewwith Roderick W. Pettis, M.D.) Debraremembered that she "did not believe" Nosey had d ied and felt "numb and disoriented."

*

{Interview of D ebra Gore Jefferson)Brian felt "there was a 'm issing' piece after Nosey died," and Brian "stopped p laying the

games [they] used to play." {Interview with Roderick W. Pettis, M.D.) Brian stated that "thingswere never the same after Nosey died; I missed him a lot." {InterviewwithRoderick W. Pettis,M.D.) None of the children wanted to go into the room where Nosey died, and they "were a llafraid." {Interview of Shirley Ann Gore) Mamun, their "wonderful grandmother, decided" they"needed her attention. She came over and comforted" them," and "slept over in the bed whereNosey had died." {Interview of Shirley AnnGore) M amun's insight was correct. The children"were better after that." {Interview of ShirleyAnn Gore)

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Brian's Critical PBlnessWhen Pete and Emma firstnoticed that Brian was ill, they took him to an emergency

room that sent him home and "told P e te and Emma] he just had the flu." {Interview of BrianPete Gore Sr.) Brian recalled that he "was not feeling well. . but was more concerned about painin Mom 's face than feeling ill." {Interview with Roderick W. Pettis, M.D.) After they returned -home, one of Emma's nieces who was a nurse came to the home and became alarmed when shesaw how ill Brian appeared. She told Pete and Em ma "to rush him back to the hospital," but thehospital did not want to admit him, and Emma "started to cry." {Interview of Brian Pete GoreSr.) The hospital admitted him at 3:30 p.m. on the day of Nosey's death.. {Colum bia San JoseMedical Center Records of Brian Pete Gore Jr.)

Brian was critically ill, and hospital staffto ld the Gores "they did not think he wouldmake it." {Interview of Brian Pete Gore Sr.) At the time Brian was admitted to the hospital, hehad a dangerously high fever of 107degrees, was "combative and incoherent," and was isolated

?

and "started immediately on massive IV antibiotics" {Colum bia San Jose Medical CenterRecords of Brian Pete Gore Jr.) A nurse reported that a "little colored boy (was) adm itted" whowas "lethargic" and had "pain all over." {Colum bia San Jose Medical Center Records of B rianPete Gore Jr.) Physicians noted that Brian had been "sick for 3 days" with "fever and chills."{Colum bia San Jose Medical Center Records of Brian Pete Gore Jr.)

Brian improved but was still "disoriented a t times" on January 14, two days before hisrelease, and required a wheelchair the day before his release. {Columbia San Jose MedicalCenter Records of Brian Pete Gore Jr.) Hospital e r e p o r t e d he was "crying" and "want[ed] togo home." {Colum bia San Jose Medical Center Records of Brian Pete Gore Jr.) Brian was

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released from the hospital January 16, 1969. He remembers little about his stay other than thathe "was out of it three days." {Interview with Roderick W. Penis, M.D.) His sister Shirleyreported that when "he came back to his right mind" and understood ''that Nosey had died, hecried out of grief and fear. He was afraid he was going to die too." {Interview of Shirley AnnGore) Brian also feared that the survivingtwin,Ronald (Pee Wee), might die. Brian "began to-look after . . .Pee Wee in a very special way." {Interview of Shirley Ann Gore) Shirleydescribed the result of Brian's attention:

Before Nosey's death, Pee Wee had been a playful, outgoing five-year-boy. Now,suddenly, he was quiet and withdrawn. He started sucking his thumb again. Withoutbeing told to'do so by anyone, Brianbrought Pee Wee out of it by patience h d ove.(Interv iew of ShirleyAnnGore)

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CIPT'IXR FOR CAPITALASSISTANCE529 Castro StreetS m rancisco, California 94114Telephone: (415) 621-8860Facsimile: (415) 621-8830

Memo to: Defense Teams in Capital CasesFrom: Scharlette HoldmanRe: Interviewing witnesses for life history informationDate: May 2000 -EXAMPLES OF ,OPEN ENDED QUESTIONSThis list of open ended questions is intended to help interviewers think of more effectiveways of communicating with clients and their families in order to reveal information thatwill be useful for mitigation and other mental health claims. Traditional closed endedqoesti'ons--Was Johnny abused? - eldom elicit the kinds of details and unique .experiences that are needed to establish reliable mental health defenses.This is not a complete list or even a guide to interviewing clients and potential witnesses incapital cases. It is only an exercise that may be helpful to you. Each person in a capitalcase is unique, and interviews have to be tailored to individual circumstances. No templateis adequate for interviews.It usually take several interviews to establish trust and rapport with potential witnesses.Sensitive questions eliciting painful information should not be asked until the interviewerbelieves the witness is comfortable and willing to discuss shameful events and facts.Abuse

Tell me about a time when your dad got really angry.Not: Was your daddy mean?

What did your dad's face look like when he gotmad at you?Not: Did he whip you when he got mad? .

When you were a child and really scared, where did you go to be safe? What made you reallyscared?Not: Did your daddy just punish you like most kids are punished, you know , nothing thatwould amount to abuse?

What else did you do to be safe?


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Not: So it didn't hurt very much or anything like that?What made you safe?

. . Not: SOhenever madeyo u bleed, tortured you, knocked you o ut, that kind of thhg?What are som e of the things that you did to keep your dad from getting mad?

Not: Do you love your dad? Did your dad love you?What stor ies did you hear fiom your mom about her pregnancy with you?

Not: Did your mom have a normal pregnancy?What is your earliest memory as a child?

Not: Was your childhood normal?What is ybur earliest memory of your mom?

Not: Was your mom a pretty good mom ? Did you love her.Tell me about how your dad hit you?

Not: Did he hit you?I would like to understand what an average day was like for you. Let's start first thing n themorning, about the age of 12 or so, and tell me everything that happened.

Typical answer: I got up, wen t tolskipped school, came home, went to bed.Response: Where did you get up? Who else was in the bedroom? What awakened you?Wh at about breakfast? Bathing? Brushing teeth? What door did you go out? Whichway did you walk to school? With others? What made you choose one route overanother route. What did you watch for on your way to school?Not: D id you like school?

When you w ere a kid, what were your dreams and hopes?Not: Were you a pretty normal kid?

What's the worse thing that happened to you?Not: Were you sexually abused?


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What's the best thing that hqpen ed to you?Not: Did you have a pretty normal family?

NeighborhoodTell me about your neighbors.

Not: Did you live in a bad neighborhood?What made you safe in your neighborhood?

Not: Was there a lot of crime inyour neighborhood?What made your neighborhood dangerous?

' Not: Was your neighborhood poor or middle class?What is your -firstmemory of seeing police?

Not: Why did you shoot the cop when you were 13?Whatwere some of the names police called kids in your neig

Not:'Why were you picked up so many times by the cops?What were some of the reasons police stopped people in the neighborhood?

*

Not: Were you ever beaten by the police?When police stopped you, what did they do?

Not: Were you ever afraid of police?SchoolWhat was the best thing about school?

Not: Did you like school?What was the worse thing about school?

Not: Were your grades good?Where did you sit in the cafeteria?


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Not: Did you have a lot of friends?What did you have for lunch?

Not: Did you ever go hungry?Where did you sit in the classroom?

Not: Were you ashamed of being stupid?Sometimes kids can be cruel and tease other kids. Tell me about a time kids teased you atschool. -

Not: Did kids call you retard?What are some of the reasons you missed school?

Not: Why were you truant?What made you late .for school?

Not: Why were you tardy?A lot of people have a tough time learing to read. What are some of the reasons people have atough time learning to read?

Not: You c an read and write, can't you?.Sometimes it's hard to sit still and pay attention in class. What are some reasons kids don 't sitstill?

Not: Did you get in trouble in class?

What strategy did you have to keep fiom over dosing?Not: Did you over dose?

Tell me about the first time you remember hearing about drugs? Alcohol?Not: Was your mother a drunk?

Tell me about the first time you ever had any alcohol? Drugs?Not: When did you start using drugs.


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When you got high, how did it make you feel?Not: Did you like to get high?

What d oyou thinkmade you do all those drugs? .Not: Did you do drugs to get high?

What makes other people do drugs?Not: Do your fiend s and brothers do drugs?

What are hard drugs?Not: Do you do hard drugs?

What's a drug addict?Not: Are you addicted to drugs?

What's an alcoholic?Not: Are you an alcoholic?

Tell me about a time you drank until you got sick?Not: Can you hold your alcohol?

Physical Health ,.How are you feeling?

Not: Is anything wrong with you?How are you sleeping? What time do you go to sleep? What time do you wake up? When youwake up in the night, how do you get back to sleep? What wakes you up in the night? Whatthings do you do before you go to sleep to help ge t to sleep?

Not: Are you depressed?People have all kinds of headaches. Describe the last headache you had. Where does it hurt?How does it feel -- sharp shooting pains, pounding, dull ache? How can you tell you're getting aheadache? (Aura, nausea, fatigue, yawning, photophobia, sensitivity to sound, irritability) Whenyou get a headache, what do you want to do? What bothers you when you have a headache?How long do they last?. What causes your headaches? (food, sleep, stress) How old were you


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when you started getting headaches? How often do you have them? What medicine doyou taken? Which medicine worked better?Not: Do you have temporal lobe epilepsy, seizures, or migraines?

A lot of folks use home remedies rather than going to the doctor all the time. Some of theremedies work as good as or are better than what doctors prescribe. What kind of home remediesdid your family use? Who taught your mom to make potions and such?Not: Did you go to the doctor when you were sick? -

Tell me about your last cold or flu. How did it make you feel? Where did you ache? How muchof a fever did you have. How did you get better? How often do you have a cold? When youwere a child, how often did you have a cold? Who in your family had asthma?Not: Did you just have normal childhood diseases?

How's your appetite these days? Tell me what you ate yesterday, meal by m eal and snack bysnack. What your's favorite food? How long is the longest time you have gone without eating?What kind of drugs were you using? What did you do when you got thirsty? What was yourfavorite food when you were a kid? what food did you hate? What happened to you if youdidn't eat food that you hated? How did your family &etch out the money they had for food?What lcinds of food were the cheapest and most filling? What didyou do if you had to go to bedhungry o keep fiom feeling hunger pains?

Not: Were you malnourished?Tell m e about a ti h e when your mom (dad) wasn't able to get around because she was feelingpretty bad. What was wrong? How did she finally get better, if she did?

Not: Are your parents healthy?Every family has a few kids or adults in it who are special in some way and need looking after byothers. They might be slow and not understand everything, or they might be forgetful andwander off. Tell me about the folks in your family who need special looking after.

Not: s anybody in your family mentally ill or retarded?

social history-nuts & bolts (holdman, scharlette)(2001)

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